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N.K.Assumi (Advocate)     24 February 2009

Acquire land without land compensation by Central Government?

Is central Government competent to acquire land without land compensation for National High ways, and start demolition of buildings and go for massive extension of Roads against the wishes of the citizen? Can there be such declaration of acquisition without entertaining objection to such acquisition under the various acts?



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 4 Replies


(Guest)

Section 3J expressly excludes the application of the Land Acquisition Act, 1894 for any acquisitions under this act (National Highways).


Section 3C of the National Highways Act allows for hearing of objections. It provides that objects can be filed in writing and the grounds of objection within 21 days of the publication of notification under sec 3A. Order of the competant authority is final.


The compensation shall be decided by an order of the competant authority who is appointed by the Central Government. Section 3G governs the determination of amount payable as compensation. Among other provisions it includes that in case the amount of compensation is not acceptable, it will be decided by an arbitrator appointed by the central government.  Section 3G(7) governs the factors to be considered while determining compensation.


I might be wrong but I dont see any provision for 'land' compensation. Maybe Learned members would have some examples from experience.

N.K.Assumi (Advocate)     24 February 2009

Tusharji, thank you so much for your valuable informations. Now, in a remote village like Nagaland and else where in India, villagers do not know or are aware of the notice for objection and in most of the cases they only notice roads being constructed or construction for widening of the road and they have no say at all. And in this manner they are deprived of their right to file objections which has a limitation. In such cases should the Highway authority appointed by the central Government simply hold that timew for filling objection is barred and refused compensation for land cuting including trees, paddys etc.?


(Guest)

Ignorance of law is no defense. You could file an RTI to find out the exact procedure followed by the Central Govt Authority for the land acquisition process. If there are any mandatory provisions that are not followed, you could challenge that in court.

N.K.Assumi (Advocate)     24 February 2009

My Dear Tusharji, Thank you for your kind informations/


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