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Land acquisition by govt. how to get compensation
04-Dec-2023 (In Property Law)
Property in rural area to be acquired by govt. in 2031. In form of acquisition will I get the land available nearby or the money. And if money will the amount be registered amount in stamp act or market value . And if market value how is market value determined?
If the land was acquired in 2013, then the Land Acquisstion Act 2013 will be applicable on you.
We suggest that you should file a Writ Petition thereby seeking compensation from govt. In determining the amount of compensation Court shall take into consideration? first, the market value of the land at the date of the publication of the 57 [notification under section 4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;
fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expensesany) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration
We suggest that you should file a Writ Petition thereby seeking compensation from govt. In determining the amount of compensation Court shall take into consideration? first, the market value of the land at the date of the publication of the 57 [notification under section 4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;
fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expensesany) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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