Section 3G of National Highway Act
arvind
(Querist) 05 February 2011
This query is : Open
Sec. 3G of The National Highway Act provides for 'Determination of amount payable as compensation' to the persons whose land is acquired. Sub-section 5 provides that if amount determined is not acceptable by any party, then it will be determined (re-determined) by the Arbitrator appt. by CG. Invariably CG appoints DC or ADC of the District where the land is acquired.
Coming to the our case, there were around 20 farmers whose land was acquired, however only 6 farmers of the village made an application and argued that the compensation is not adequate as Market Value of the Land was more than compensation awarded. NHAI contested the case. Finally, DC decided the Applications and enhanced the Compensation by Rs. 5 lac per acre. DC held that considering all arguments and sale deeds presented by Farmers and NHAI, it is decided that Market value of Land of the village was 37 lac and not 32 lac as decided by Land Acquisition Commissioner (LAC). Hence, all 6 farmers w'd be given enhanced compn.
Now, the farmers who didnot file application u/s 3G(5) feel that they missed the opportunity. I read the NH Act and also Order of the DC and found that role of the DC u/s 3G(5) is just to re-determine the Market Value and he did the same thing. Now, when the Market Value is re-determined by DC for WHOLE VILLAGE and not for those 6 farmers, all the farmers whose land has been acquired sh'd be given increased compn. by the NHAI, becos earlier Market Value determined by LAC has been replaced by the Market Value re-determined by DC.
C'd anybody suggest, who handled this type of cases, where to reach for giving the enhanced compn to missed farmers. Even a good Fees can be considered for good solution
