Land Acquisition

Nihar Biswal (Querist) 20 April 2010 This query is : Resolved
Sir,
For the purpose of seting of Sewerage Treatment plant Govt. is acquiring 24 acres of land. The 4(1)notification was issued on 19.02.09. My name and my land no. was not mentioned in the 4(1) noification which I had mutated in the year 2004 much prior to the notification year of 2009.How ever The original plot no. was mentioned from where I had purchased the land. Beacuse of non receipt of notification and of this error by Land Acquision Officer I could not file the objection with in one month in section 5. So I gave representation to Govt for exclusion of my land from proposed acquisition stating valid points. Out of the 24 acre most land were agricultural land but my land is a Gharabari(Home stead) land. This mistake was also done by LAO and initially then mentioned my land as Agricultural land and went ahead acquision proceedings. Again my land is in North East corner of the total 24 area proposed to be acquird. I had given an reprentation to exclude my land from the said auquision since
1. It is a Home stead land thus Govt. has to give higher compensation since the land is located near City agglomeration.
2. Only land in that 24 area where there is boundy, well, plantation and kitchen garden.
3. It is a North East corner plot and is in plantation zone of the project and incase of exclusion I would also develop the land as per project need and also the Sewerate treatment plant project would not be affected by this exclusion.
4. As per Govt. rehabilitation policy less homestead land is to be acquired.
5. There is serious error by omission of my name and land title in the Original notification and also the Acquision authority consideded my land as a agricultural land. Had this mistake not been done then the land keeping it's unique reference may have been excluded.

My 1st. reprentatuion of Oct. 2009 was turned down by Govt. saying that 4(1) notification has been issued so at this stage the land can not be excluded. Then I gave a rejoinder in Jan 2010 which is under consideration now. How ever Govt. with out taking decision laways refering the case to the Sewerage board for technical views which I think is not required at this stage since DEtailed project planning etc. were not made. In the mean time without disposing my case Govt. issues 6(1) notification.

Kindly advice me on this ground

Details are enclosed

Regards

Nihar Ranjan Biswal
Bhubaneswas
09861012929

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