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Land acquired by FCI without paying any compensation.How to claim?
05-Mar-2023 (In Property Law)
bought Property of 5000 yards in Khasra No. 647 at gram baral partapur Tehsil Meerut Sadar near partapur railway station from previous owner in 2006. But Owner didn’t told me that Food Corporation of India has occupied that land without compensation. All Papers shows the ownership of previous owner but FCI occupied that land in 1978. FCI is located in 40000 sqyd. Other poor farmer have also not got any compensation from FCI. No entry of ownership of FCI in government records also. Another thing is that this land is freehold property, Not leased property. Secondly, I have papers that some enquiry was setup FCI vigilance team in 1980 that how FCI occupied this land without payment but outcome is that some corrupt FCI officials gave money to other person who are not owner of the said land. Resultant FCI take physical possession of the land but have not cleared the documents procedure according to the Law.we Hindu 1.Is there any chances to get possession or compensation from the FCI?Pls
In a landmark judgment delivered by the Supreme Court in Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki & Ors., it has been held that the acquisition would be deemed to have lapsed and would be covered under the 2013 law entitling the landowners to higher compensation, if compensation for land acquired under the 1894 Act has not been paid to the land owner or deposited with a competent court and retained in the treasury.
It has been ruled by the Supreme Court that payments overdue or delayed to landowners will attract higher compensations, and would make such acquisitions void.However, the only requirement is that such an award of compensation should be five years or more prior to the enactment of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which was notified on Jan 1, 2014.
It has been ruled by the Supreme Court that payments overdue or delayed to landowners will attract higher compensations, and would make such acquisitions void.However, the only requirement is that such an award of compensation should be five years or more prior to the enactment of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which was notified on Jan 1, 2014.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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