LAND ACQUISITION ACT

Querist : Anonymous (Querist) 10 May 2010 This query is : Resolved
DELHI GOVT BY NOTIFICATION ACQUIRE THE CERTAIN PIECE OF LAND IN 1990 FOR THE BETTERMENT OF YAMUNA.
WE HAVE PURCHASED THE LAND ON THE SAME YEAR BEFORE THE ACQUISITION BY GOVT.
WE ARE NOT CHALLENGED THE NOTIFICATION THOUGH OUR NEIGHBOUR FORMED A SOCIETY AND CHALLENGED THE NOTIFICATION FOR WHICH THEY RECEIVED THE MEMBERSHIP FEE FROM US. THE HC FAVOURED THE NOTIFICATION AND MATTER IS STILL PENDING IN SC.
WHETHER OUR RIGHT TO CLAIM THE MONEY FROM THE GOVT REMAINS INACT AFTER A PERIOD OF ABOUT 20 YEARS.
SHALL WE BECOME THE PARTY IN SUIT
HOW MUCH COMPENSATION WOULD BE ALLOWED BY THE GOVT TO US AND BY WHAT RATE
WHERE TO START THE PROCEEDUR TO GET THE COMPENSATION THROUGH THE COURT OR THROUGH THE DEPARTMENTAL PROCEEDURE.

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niranjan (Expert) 10 May 2010
I seem to understand from your querry that the Hon.HC has not given stay against acquisition and yet no award is passed. I think(as right now the LAAct is not with me)if within two years the award is not passed,the acquisition proceedings are tobe dropped.It is unfortunate that inspite of so many years the award is not passed and you will receive the price of date of notification u/s 4/6 passed i.e. of 1990.though you will get interest,solatium etc.but not the price of today.You have to enquire with the Land Acquisition Officer who issued the notification about the award,compensation etc.

Kiran Kumar (Expert) 10 May 2010
pls mention whether the land has been actually acquired by the govt. and put to the use for the purpose it has been acquired or if there is any stay operating against the govt.

even if u r not a party to the litigation, u can not be denied the right to compensation if all others are being given after 20 yrs........however the rate would be as it was decided in the year 1990, much depends upon the facts if there is any stay against the govt.

if there is undue delay on ur part then u may have to suffer.

Raj Kumar Makkad (Expert) 11 May 2010
I do agree with my friends

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