Private land acquisition by govt. of AP for construction of temple

980 votes

Hi
1) You can challenge the land acquisition in the HIgh court and get the land acquisition stayed.
2) Courts normally will grant a stay if the acquisition is not for a development purpose.
3) Construction of temple complex is a religious activity and hence the proposed land acquisition is NOT for public purpose and hence can be challenged in court of law.
4) Courts will also grant stay if the land is forcibly acquired by the Government without following the process of Law.
5) Also if yours is an agricultural land and the land is acquired for the purpose of benefiting a religious organisation, then the land acquisition is not in Public Interest.

6) In the worst case scenario of your land being acquired by government, you are entitled for compensation in accordance to latest land acquisition act where the market value would be multiplied by a factor of, at least one to two times the market value for land.
6a) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 also 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.
6b) In addition to the fair market value under Rehabilitation and Resettlement you are also entitled to the following:

i) an additional subsistence allowance of Rs.38,000 (US$800) for the first year - may be
ii) an additional entitlement of a job to the family member, or a payment of Rs.5,00,000 (US$11,000) up front, or a monthly annuity totaling Rs.24,000 (US$550) per year for 20 years with adjustment for inflation – the option from these three choices shall be the legal right of the affected land owner family, not the land acquirer
iii) an additional upfront compensation of Rs.50,000 (US$1,100) for transportation
an additional upfront resettlement allowance of Rs.50,000(US$1,100)
iv) if the land owner loses a home in a rural area, then an additional entitlement of a house with no less than 50 square meters in plinth area
v) if the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning families, in proportion to their land acquired and at a price equal to cost of acquisition plus cost of subsequent development
vi) if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared with the original owner whose land was acquired

you should approach the high court as and when the GO for land acquisition is issued.

Hope this information is useful

Advocate Rajagopalan LawRato

905 votes

AP Govt. is proposing a land acquisition of our residential plots for purpose of construction of temple complex, and we are against to it what is the process to follow, govt. did not released any GO yet but there is a speculation going on.

You can approach high Court and get a stay order including not to interfere with the property on the department. You can further contact me in this matter

Nilesh Narania advocate

Advocate Nilesh Narania LawRato