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Compensation for Govt. occupied land
06-Oct-2023 (In Property Law)
Hon. Lawyers, We had a land which is now taken by the Pondicherry Govt for industrial development. They haven't given any compensation for it. The land was actually used for irrigation and had a lot of coconut and cashew trees. The govt. neither used the land for industry development nor maintained the trees in it. Since they have now destroyed the trees, haven't given the compensation for land and not using it now can we file a case under National Green Tribunal ? Note: This happened 50 years back but when i check the NGT Act, they say only 5 years issue can be addressed in the tribunal. Can you help me out with this on how i can approach this case. I would like to get either the compensation or the unused land back.
you need to be more specific regarding the case as this wont help us to help you in proceeding ahead. you can go through the details below in case of land acquired by the govt in your matter
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
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
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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