Arbitration- have Village Council Pass

Dear Client,
Section 3(b) of the Land Acquisition Act, 1894 defines the expression "person interested". It provides that unless there is something repugnant in the subject or context, the expression 'person interested' includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land. Thus, the expression "person interested" includes persons who have an interest in compensation, even though they may have no interest in the land itself. Section 5A of the Act enables any person interested in the land notified for acquisition under Section 4(1) to object to the acquisition of the land, and by Sub-section (3) of that section it is provided that a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under the Act. The Hon;ble Supreme Court in Satyabrata Ghose v. Mugneeram Bangur and Company [1954] S.C. 310, held that the Land Acquisition Act is intended in the public interest to extinguish private rights in land; it does not purport to affect the rights of persons interested in the land to claim a share in the compensation awarded. The Deputy Collector (Land Acquisition) was appointed as the competent authority for acquisition proceedings and empowered under Section 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 before the Dy. Collector(Land Acquisition) to resolve the issue in the right way. If required, consult or hire an Advocate to navigate the issue in the right way.

Dear Client,

The crucial aspect is that before the government's acquisition notification, you had applied for a "House Pass," which, as you state, grants the right to receive land value compensation. The government's refusal to recognize this right is the core of your dispute. Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , compensation is due to "persons interested" in the land, a definition that can extend beyond formal titleholders to those with significant legal or customary rights, or even a legitimate expectation of acquiring such rights.

While your VCPass was limited, your application for the House Pass prior to acquisition creates a "legitimate expectation" or a developing interest in the land's value. The Supreme Court has, in various judgments, recognized that continuous, lawful possession, customary rights, or an entitlement to a more substantial form of land tenure can be grounds for claiming full compensation, especially when a government process was underway to formalize those rights. Therefore, you should focus on arguing that your House Pass application, made before the acquisition notification, signifies your legitimate claim to the land value, and challenge the government's refusal as arbitrary and violative of your right to fair compensation.