Land acquired by NHAI
10 months ago
Sir, I am para ministry force member and working away from my home and no other member who look after my matter.
my whole land acquired by NHAI. My following Points:- 1. I had purchased in 2017 with Rs. 6 lakha + 1 lakh stamp charges which is written in register paper. 2. Non agricultural land written in registry paper but we have not separate order 3. I have pay registry charges under their non agricultural circular rate. 4. I have also request for cover under rule -80 for residential/commercial use on May, 2022, in this regard, lekh pal has given his report on 30.06.2022, In mean time, NHAI has notified for land acquisition dated 20.07.2022, but my order for rule-80 has issued on 07.09.2022.
In this regard, my question is - NHAI has paid to me compensation under Rule-80 or their circle rate or agricultural land
please clarified
I am very upset
A.Dear Sir,
If you feel the compensation amount paid to you is less than market price then you have to receive that amount under protest and approach civil court through an advocate. In the meanwhile you have to collect data through copies of sale deeds as to what is the market value prevailing in respect of neighboring lands.
If you feel the compensation amount paid to you is less than market price then you have to receive that amount under protest and approach civil court through an advocate. In the meanwhile you have to collect data through copies of sale deeds as to what is the market value prevailing in respect of neighboring lands.
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A.Dear client,
As per section 26 of the land acquisition act, whenever land is acquired by the Government authority, compensation is usually paid by them in accordance with the prevailing market value. The average sale price for similar type of land in the nearby vicinity helps determine the market value of the land.
As per section 26 of the land acquisition act, whenever land is acquired by the Government authority, compensation is usually paid by them in accordance with the prevailing market value. The average sale price for similar type of land in the nearby vicinity helps determine the market value of the land.
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A.DEar Client,
The land acquisition act, 1894 deals with the acquisition of private properties and does not specify its character, as of agricultural, commercial or residential. So the Act does not make any distinction in providing the procedure for the acquisition of land, whether agricultural or non-agricultural. Whereas the actual position of law is that, the compensation and award on acquisition of agricultural land is determined on the basis of the yielding capacity of the land, whereas in the case of non-agricultural land it is determined on the basis market value of the land. As per Section 23 of the Act, the compensation on the acquisition of agricultural land is determined by a formula, i.e. total yielding capacity in a year of a land multiplied by 12, which signifies the total yielding capacity of land for 12 years. But in the acquisition of non-agricultural land no such formula is provided, it just says that acquisition will be held on the current market price of the land. However, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which replace the earlier Act and followed for the purpose of acquisition of land for public purposes, compensation is payable for Rural Areas - 4 times of MV of land acquired, for Urban areas - 2 times of MV of land, As per the said Act, after the date of notification of land for acquisition, 60 days are allowed for making objection to people affected by the notification. Being the above provision of law, when your application of May, 2022 regarding nature/class of land and the order is passed on 07-09-2022 in the said matter, NHAI's notification dated 20-07-2022 is applicable on the status of the land as appears on the record of the land i.e, Non-agricultural land for the acquisition of land and compensation is made on the status of the land on the date of notification as the order of conversion passed thereafter on 07-09-2022 and now your claim for higher compensation based on the order of 07/09/2022 is barred by limitation. However, you may pursue the matter with NHAI explaining that when the notification is made for the acquisition of land, your application was under process and since the order is passed in your favour by the concerned authority, your request may be considered and allowed condoning the delay in the submission of the claim.
The land acquisition act, 1894 deals with the acquisition of private properties and does not specify its character, as of agricultural, commercial or residential. So the Act does not make any distinction in providing the procedure for the acquisition of land, whether agricultural or non-agricultural. Whereas the actual position of law is that, the compensation and award on acquisition of agricultural land is determined on the basis of the yielding capacity of the land, whereas in the case of non-agricultural land it is determined on the basis market value of the land. As per Section 23 of the Act, the compensation on the acquisition of agricultural land is determined by a formula, i.e. total yielding capacity in a year of a land multiplied by 12, which signifies the total yielding capacity of land for 12 years. But in the acquisition of non-agricultural land no such formula is provided, it just says that acquisition will be held on the current market price of the land. However, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which replace the earlier Act and followed for the purpose of acquisition of land for public purposes, compensation is payable for Rural Areas - 4 times of MV of land acquired, for Urban areas - 2 times of MV of land, As per the said Act, after the date of notification of land for acquisition, 60 days are allowed for making objection to people affected by the notification. Being the above provision of law, when your application of May, 2022 regarding nature/class of land and the order is passed on 07-09-2022 in the said matter, NHAI's notification dated 20-07-2022 is applicable on the status of the land as appears on the record of the land i.e, Non-agricultural land for the acquisition of land and compensation is made on the status of the land on the date of notification as the order of conversion passed thereafter on 07-09-2022 and now your claim for higher compensation based on the order of 07/09/2022 is barred by limitation. However, you may pursue the matter with NHAI explaining that when the notification is made for the acquisition of land, your application was under process and since the order is passed in your favour by the concerned authority, your request may be considered and allowed condoning the delay in the submission of the claim.
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