How can I claim compensation for land acquired for road widening

931 votes

Hi
Subsequent to the passage of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013), You are entitled to get market rates for the properties that is being acquired for road widening.
The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas. The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets.

State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment Act, 1964), the same can be found in the earlier rulings when property right was a fundamental right (such as 1954 AIR 170, 1954 SCR 558, which propounded that the word “Compensation” deployed in Article 31(2) implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must “ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of”).
Since you are losing the house, you should take professional help in handling the land acquisition and compensation part, so as to ensure that you are rightly advised at all times and you also receive the maximum benefits well in time

Advocate Rajagopalan LawRato

501 votes

your query is not clear as to what extent is lost, which locality, prevailing market value , age of house and structure if any, and other factors. The government is obliged to give you compensation. You can claim better compensation under legal advise and the steps to follow to achieve that.

LawRato LawRato

943 votes

Sir,
In the instant, if the your house has been proposed to be acquired for purposes of road widening, then file your objections in detail to the same before the land acquisition officer, state in the protests that you have been residing in this house for long period and that if a portion of the house is acquired it will cause a lot of loss and mental pain and suffering, kindly allot the land near to my present living area , in the worst case you might possibly get higher compensation amount as this acquisition is for the larger public cause.

Advocate Krishna Murthy Pasupula LawRato

253 votes

In rural areas, the compensation costs are currently four times higher than the Ready Reckoner rate (RR). In urban areas, the rate is 2.5 times that of RR. Land acquisitions for state highways are compensated at a rate five times the RR rate.

Advocate Chikirsha Mohanty LawRato