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Abhay Mande (Proprietor)     04 March 2015

Land acquisition and compensation

I want to know is there any provision or procedure in land acquisition bill 2014 to compensate the land owner..if  in case rural land given for the roads in the year of 1980 or earlier years ?

please help me out 

by giving the brief procedure how to claim for the compensation in the above case..?

what type of legal document i require to file the case and claim ?

 



Learning

 4 Replies


(Guest)

no need to worry about the docs and claim.as long as it is your property with patta and everything , the concerned revenue dept and acquisition authority will get in touch with you with due notification...they cannot just intrude like that. but  what really matters is how they are doing the land evaluation amount..many a times this is where the dis agreement comes.
also..checkout the latest land acquisition bill updates as part the recent budget planning..heard few changes were being proposed..like 70% approval from owners for acquisition..the bill is only making it even harder for govt to acquire land...but a lighter version of the bill is being passed just to get through the raj sabha..

Malhotra (CEO)     07 March 2015

mohammed ibrahim (Architect -Valuer -ADR Professional)     20 March 2015

S (24) of LARR ACT 2013: 1 (a) where no award under section 11 of the said Land Acquisition Act 1894 has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or 

(b) Where an award under said section 11 has been made, (then such proceedings shall continue under the provisions of the said Land Acquisition Act 1894), as if the said Act has not been repealed. 

2) Where an award has been made five years before or more before commencement of LARR ACT 2013, no physical possession has been made or compensation has not been paid, the said proceedings shall be deemed to have lapsed and the government can initiate the proceedings as per LARR Act 2013. 

As per LARR ACT 2013, the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided by the appropriate Government   is 4.00 times the market value of land decidable u/s 26 of RTFCT LARR ACT 2013

Saurendra Rautray (advocate)     24 May 2015

HI,

Land Acquired pririor to the coming of the new act needs one reason out of the two as envisaged in section 24 of the new land act 2015 for declarig the old acquissation to be lapsed or in some cases even if it cant be declared lapse due to some technality in certain cases then provision of compensation or award shall be made as per the new act.

The land acquired under the land acquisation act 1894 can only avail the benefit of section 24 of the new land act not land acquired under other statues like national highway, railways etc. The land need to  be acquired prior to five years or more from the coming of the new act wherein the land onwer either may not have been given the compensation amout or may still have posession of the said acquired land and hence under this circumstances only the land acquisation may be declared lapsed.

Regards,
 
Saurendra Rautray
Advocate
09437008255
Delhi : B3/18, Vasant Vihar, New Delhi - 110 057
T : +91 - 11 - 46113964 / 46552244
Website- www.rautray.com

 


 

 

 


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