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deepak kumar   18 February 2022

land acquisition and rehabilitation coal mining company

my house located in a mining area was taken by company. they did not give any written document regarding payment of compensation. they made look like we want to offer land and leave. amount decided is just verbally told. what is my option here. how do I proceed further as legal cost i cannot afford


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 5 Replies

Dr J C Vashista (Advocate)     19 February 2022

Any house can not be built in a mining area as it is owned by State government, check your title so that your compensation claim may not be repudiated.

Whether the company dislocating you has taken permission / lease or any other form of consent from State government ?

Consult a local prudent lawyer for better appreciation of facts and professional advise.

deepak kumar   19 February 2022

company has taken lease from state govt. but our title is also ok as its verified by the area CO. we have tax receipts till 2019.

P. Venu (Advocate)     19 February 2022

Whatever the title, no one can be dispossed without recourse to the lawful procedure. You should intiate action against the unlawful dispossession.

Mayur Shrestha   19 February 2022

Dear querist,

1.      Land acquisition is a process by which the central government or the state can acquire the lands of the private individuals for the purpose of fulfilling some public necessity or projects undertaken by the government, it is done under, The Land Acquisition Act,1984 and in return of acquiring your land, they are bound to pay sufficient compensation to the landowner (which is usually ascertained by the market value at the point of time).

2.      In a recent amendment of the LARR Act, 2013 the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement was brought into place for granting fair compensation to those people whose lands were taken away by the government. Under this particular act, a social impact assessment survey will be conducted before the actual acquisition takes place.

3.      Furthermore, considering that verbal agreements are not considerable, the acquisition authorities need to provide you with proper documents showcasing how much and to what extent the land is going to be acquired by them, also it is an obligation on their part to provide you with reasonable compensation and also bear the expense of your resettlement.

4.      If you have been told to vacate the property under coercion or force then you can institute a proceeding under section 5 of the specific relief act, which basically allows the property owner to possession of the title of the same, a similar claim can be filed before the court of apt jurisdiction with the help of power of attorney.

 

Hope it helps. 

deepak kumar   19 February 2022

thankyou all for your valuable guidance

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