Land acquisition by NHAI

Dear Client,
Under the Land Acquisition Act, 1894, the union or a state government is empowered to take private land for public purposes and to compensate the original owners and other persons affected due to such acquisition. The Right to Challenge Land Acquisition lies only with the Original Owner. Section 26 of the Act consists of provisions that govern compensation for the landowners. It defines the proposed minimum compensation based on multiples of the market value of the land. The market value is usually multiplied by a factor of one or two times for land acquired in rural and urban areas. The compensation for non-urban agricultural land acquired by the National Highways Authority of India (NHAI) is calculated based on the market value of the land as per the ready reckoner or circle rates, whichever is higher. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR Act) of 2013 provides guidelines for determining the compensation for rural land. The Deputy Collector (Land Acquisition) was appointed as the competent authority for acquisition proceedings and empowered under Sec.23 of the Act to summon and enforce the attendance of witnesses, including the parties interested in any of them, and to compel the production of documents by the same means, and in the same manner, as is provided in the case of a Civil Court for the trial of suits. So you can file a complaint over mala fide practices noticed post-acquisition of land before the Dy. Collector (Land Acquisition) to resolve the issue, provided you are well equipped with the substantial evidence to prove the allegation, failing which, you may file a writ petition under Article 226 of the Constitution before the High Court seeking appropriate relief in the matter. If required, consult or hire an Advocate to navigate the issue in the right way.