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Compensation for acquired land held by NRI
04-Aug-2023 (In Property Law)
My brother is a US green card holder and an NRI. His ancestral agricultural property in Jharkhand has been acquired by the Govt for building a Power plant by Adani Power. He has received the order for claiming the compensation and has also submitted all his documents(except Aadhar #) to the District Land revenue office. The Office has however not made the NEFT transfer of the compensation amount citing non-availability of Aadhar number and the matter is pending. Can you please advise on the rules for government compensation for acquired land held by NRI? He has ceased to be an Indian citizen much before the Aadhar system was incepted. His mother is alive and he holds a joint SBI account with her and had submitted the same for NEFT transfer of compensation. Request your kind help please. Thank you.
Since it could be made out, the property is of the ancestors of your brother, hence the owners of the property is now your brother, mother as well and also other co sharers if any. The mother being the co land owner should made an application to the District Magistrate/ Additional District Magistrate Land Acquisition Dept or the officer issuing the notice for disbursement of compensation about the date of being her son NRI and having Green Card being the reason of not having the Aadhar Card and she should also state that he could be represented through her (Make a prior power of attorney in that regard where the son gives the power to mother to represent himself to the authorities for compensation for land acquisition and also he would state that the amount shall be regarded to be disbursed if the cheque is deposited or NEFT done in their joint account) and also the compensation for both the mother and the son could be deposited in the joint account thereof. Once the application is made, still the authority doesn't disburse the compensation, the mother can approach the High Court by filing a writ petition. One of my client in Ranchi High Court got the same relief sharply. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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Frist write a letter to the revenue office informing the detail and in prayer request to do necessary and what is ur grievances and copy to Ombudsman jharkhand SBI . After that a legal notice and file a writ petition at High Court . You will get remey for sure .
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Adv. Sharmin Zafar
Kolkata | 100+ Answers
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Supreme Court directed that Aadhaar cards can be used only for providing welfare services and not as in ID tool or a requirement for general services. Though the finance ministry has exempted NRIs from quoting Aadhaar for various services and benefits, however several government departments are insisting on Aadhaar as they have not received any specific communication from the government.
In this scenario, I would suggest you to file a WP in the high court for direction upon the DLRO and State Government Finance for the release of the claim amount. If you need any assistance for filing WP you can contact me through Law Rato.
In this scenario, I would suggest you to file a WP in the high court for direction upon the DLRO and State Government Finance for the release of the claim amount. If you need any assistance for filing WP you can contact me through Law Rato.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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