Monday, June 12, 2006

Land Acquisition Act In Chandigarh

Chandigarh, June 12:- News regarding low rate of compensation given to the owners of acquired agricultural land in Union Territory, Chandigarh have recently been appearing in the newspapers. In this context, it is clarified that the Land Acquisition Act is a central Act, enacted for acquisition of land for the public purposes and for planned development and for creating infrastructures in public interest like in the field of education, housing, health, slum-clearance and other developmentalactivities. While acquiring land, the due process of law is followed by providing opportunity of being heard to all the persons going to be affected by such acquisition. Thus, it is not an arbitrary attempt on the part of Administration, rather for the socio-economic developments of the society as a whole; the provisions of the Land Acquisition Act are involved. The basis of assessment of the award is basically the same throughout the country.Guiding factors for assessing the value of the land is Collectors rate.The determination of compensation of land is based on a very sound principle of average as enunciated and upheld by the Hon'ble SupremeCourt in various judgments as a sound basis for calculating marketvalue. In this method, all the registered sale-deed during the last one year immediately prior to the initiation of the acquisition proceedings i.e. notification under section 4 of Land Acquisition Act as per recordof the Sub-Registrar are taken.Collector rates for agricultural land have been revised twice in the last year and there has been 140% increase in the collector rates in thelast year, as compared to the year 2004. Resultantly, the rate ofcompensation in respect of agricultural land has also registered an increase. The land owners have recently been compensated to the tune ofRs.40.00 to 45.00 lacs. While acquiring the land, the land owners arenot only paid the award calculated on the basis of CollectorÂ’s rate, butsolatium @ 30% on the value assessed on the basis of Collectors rate and additional market-value @ 12% per annum is also paid through theaward. The land owners have recently been compensated to the tune ofRs. 40 to 45 lacs per acre. However, the award is further subject to enhancement as the land owner is at liberty to approach the HighCourt/Supreme Court, if he thinks that he has not been compensated suitably.
Chandigarh Dsk
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