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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 26(2) of the Act - Provides for the determination of compensation rates for land, specifying that the market value of land in rural areas is multiplied by a factor (commonly 2) to arrive at the compensation amount. This section explicitly enables differential compensation rates for rural versus urban land, based on the location and the project’s proximity to urban areas Keshav Ram vs State of H.P - Himachal Pradesh.
First Schedule of the Act - Contains the guidelines for calculating market value, including the application of a multiplier factor for land in rural areas. The schedule guides authorities in determining compensation, ensuring consistency and fairness in valuation Keshav Ram vs State of H.P - Himachal Pradesh, Shiv Balak Mishra S/o Late Badri Prasad Mishra VS State of Chhattisgarh through the Collector, Raipur, Chhattisgarh - Chhattisgarh.
Section 24(1)(a) - Clarifies that in cases where the award has not been passed, compensation must still be determined according to the provisions of the 2013 Act, which includes the multiplier factor for rural land, thus reinforcing the rate-setting mechanism Shiv Balak Mishra S/o Late Badri Prasad Mishra VS State of Chhattisgarh through the Collector, Raipur, Chhattisgarh - Chhattisgarh.
Section 80 of the Act - Addresses issues related to delayed payments, including interest on compensation, but also emphasizes the importance of proper valuation based on the First Schedule, which incorporates the multiplier for rural land, indirectly affecting compensation rates Balwan Singh VS National Highway Authority of India - Allahabad.
Analysis and Conclusion:The primary provision enabling different compensation rates for urban and rural land is Section 26(2), which mandates the use of a multiplier (commonly 2) applied to the market value of rural land as per the First Schedule of the Act. This section ensures that land in rural areas is compensated at a higher rate to account for the land’s rural status, thereby enabling differentiated compensation for urban and rural land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Land acquisition in India often leaves landowners seeking fair value for their property, especially under the transformative Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act)—commonly called the New Land Acquisition Act. If you've been affected by government acquisition, you may wonder: What is the Procedure for Getting Enhanced Compensation in New Land Acquisition Act? Enhanced compensation typically refers to higher payouts beyond basic market value, incorporating multipliers, solatium, and rehabilitation benefits. This guide outlines the process, drawing from statutory provisions and judicial insights. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific case.
The 2013 Act replaced the outdated Land Acquisition Act, 1894, aiming for fair compensation through a structured formula. Compensation isn't a flat rate but calculated via market value plus enhancements:
This framework inherently differentiates urban/rural via local data and multipliers, though the Act emphasizes flexible, transparent valuation over fixed rates National Highways Authority of India VS Modan Singh - 2023 0 Supreme(P&H) 359. State rules, like Gujarat's, may refine this JAYANTILAL KANJIBHAI HARSORA V/s COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA AND SPECIAL LAND ACQUISITION OFFICER,SURAT - 2024 Supreme(Online)(GUJ) 13272 - 2024 Supreme(Online)(GUJ) 13272.
Securing enhanced compensation involves proactive steps post-notification. Here's the typical process:
Respond to Preliminary Notification (Section 11): After the government's intent notice, submit objections within 60 days. Highlight potential for higher valuation (e.g., rural status for multiplier).
Social Impact Assessment (SIA) and Award Preparation: Ensure SIA considers fair value. The Collector determines market value per Section 26 National Highways Authority of India VS Modan Singh - 2023 0 Supreme(P&H) 359.
Receive Award (Section 11-26): Compensation is finalized. If undervalued (e.g., wrong multiplier), note discrepancies like ignoring Factor-2 JAYANTILAL KANJIBHAI HARSORA V/s COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA AND SPECIAL LAND ACQUISITION OFFICER,SURAT - 2024 Supreme(Online)(GUJ) 13272 - 2024 Supreme(Online)(GUJ) 13272.
Request Reference to Authority (Section 64): Within 30 days of award, ask the Collector to refer disputes to the Land Acquisition, Rehabilitation and Resettlement Authority. This is key for re-determination—petitioners herein seek re-determination of compensation on the premise that they are entitled for compensation treating the area in question as 'Rural Area' PARIMAL JAYANTILAL FUDHANAWALA V/s STATE OF GUJARAT - 2024 Supreme(Online)(GUJ) 24559 - 2024 Supreme(Online)(GUJ) 24559MUKUND ANILKUMAR PATEL V/s THE STATE OF GUJARAT - 2024 Supreme(Online)(GUJ) 24151 - 2024 Supreme(Online)(GUJ) 24151PATEL ISHVERBHAI CHOTUBHAI V/s STATE OF GUJARAT - 2025 Supreme(Online)(GUJ) 1549 - 2025 Supreme(Online)(GUJ) 1549.
Invoke Section 24(2) for Lapsed Acquisitions: If an old award (pre-2014) was made but compensation unpaid for over 5 years, proceedings lapse, entitling fresh acquisition under 2013 Act with enhanced rates. The award pertaining to the subject property has been made more than five years prior... the entire acquisition proceedings have lapsed as per Section 24 (2) Rajarajeshwari Danesh (died) VS District Collector, Kancheepuram - 2021 Supreme(Mad) 3125 - 2021 0 Supreme(Mad) 3125N.JANAKI vs STATE OF TAMIL NADU - 2021 Supreme(Online)(Mad) 74586 - 2021 Supreme(Online)(Mad) 74586.
Approach High Court or Supreme Court: Challenge via writ if Authority fails or for classification disputes. Courts often direct higher multipliers: whether the compensation fixed by the Court below adopting the factors as 1.25 is against the Right to Fair Compensation THE SPECIAL DISTRICT REVENUE vs K.NAINA MOHAMED - 2021 Supreme(Online)(MAD) 1122 - 2021 Supreme(Online)(MAD) 1122.
Claim Rehabilitation and Resettlement (R&R): Beyond cash, demand housing, jobs per Second Schedule.
Timelines are strict—act within 6 weeks for corrections Sita Ram VS Union of India - 2020 Supreme(All) 1261 - 2020 0 Supreme(All) 1261.
Courts reinforce enhanced compensation:
Rural vs. Urban Classification: Multiple Gujarat cases mandate treating areas as rural for higher factors: seek re-determination... treating the area in question as 'Rural Area' as defined in the Gujarat Right to Fair Compensation PARIMAL JAYANTILAL FUDHANAWALA V/s STATE OF GUJARAT - 2024 Supreme(Online)(GUJ) 24559 - 2024 Supreme(Online)(GUJ) 24559DESAI VIMESHBHAI SUMANTRAI V/s STATE OF GUJARAT - 2024 Supreme(Online)(GUJ) 24290 - 2024 Supreme(Online)(GUJ) 24290.
Multiplier Disputes: Authorities can't ignore Factor-2; courts quash low awards JAYANTILAL KANJIBHAI HARSORA V/s COMPETENT AUTHORITY, NATIONAL HIGHWAY AUTHORITY OF INDIA AND SPECIAL LAND ACQUISITION OFFICER,SURAT - 2024 Supreme(Online)(GUJ) 13272 - 2024 Supreme(Online)(GUJ) 13272.
Section 24(2) Lapse: Not automatic if proceedings saved; subsequent buyers may lack standing V. K. Rajasekaran VS State of Tamil Nadu - 2021 Supreme(Mad) 1634 - 2021 0 Supreme(Mad) 1634.
Transparency Emphasis: Valuation must use local sales/stamp duty without bias National Highways Authority of India VS Modan Singh - 2023 0 Supreme(P&H) 359.
These rulings highlight that enhanced claims succeed with evidence of market data or misclassification Devilal Jat VS Union of India - 2017 0 Supreme(Raj) 1841.
Recommendations:- Document everything: photos, sales comparables.- Engage early: Pre-litigation notice to Collector.- Monitor delays for interest claims (Section 80) Balwan Singh VS National Highway Authority of India - Allahabad.
The RFCTLARR Act 2013 empowers landowners with enhanced compensation through market-driven valuation, rural multipliers, and remedies like Section 64 references or 24(2) lapses. While no rigid urban/rural rates exist, the framework ensures fairness via local conditions National Highways Authority of India VS Modan Singh - 2023 0 Supreme(P&H) 359. Success hinges on timely action and evidence.
Key Takeaways:- Use Section 26 for robust market value.- Leverage rural multipliers (up to 4x).- Challenge via Authority or courts.- Section 24(2) revives old cases with higher payouts.
Stay informed—land rights are protected, but procedures demand diligence. For personalized guidance, contact a land law expert.
Word count: 1028. References are illustrative of statutory and judicial sources.
#LandAcquisition #RFCTLARR #EnhancedCompensation
It would be also be necessary to refer to necessary provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which read as under:- “26. ... Both these petitions under Article 226 of the Constitution of India lay challenge to the Notification dated ....
The compensation was determined according to the new Act of 2013 i.e., The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ... and Transparency in Land Acquis....
The only point arose for consideration is that whether the compensation fixed by the Court below adopting the factors as 1.25 is against the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Cental Act 30 of p class="para" l....
The main issue for consideration in these writ petitions is whether Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’) relating to payment of interest on delayed payment of #HL_STA....
The issue raised herein is with regard to determination of the compensation by the competent authority ignoring Factor-2 in accordance with the provisions of the Gujarat Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ... , Rehabi....
The petitioners herein seek re-determination of compensation on the premise that they are entitled for compensation treating the area in question as “Rural Area” as defined in the Gujarat Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act#H....
The petitioners herein seek re-determination of compensation on the premise that they are entitled for compensation treating the area in question as “Rural Area” as defined in the Gujarat Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act#H....
The petitioners herein seek re-determination of compensation on the premise that they are entitled for compensation treating the area in question as “Rural Area” as defined in the Gujarat Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act#H....
the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ... The petitioners herein seek re-determination of compensation on the premise that they are entitled for compensation treating the area in question as “Rural#....
0.50 acres in Maraimalainagar as having lapsed as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ... These time cannot be included for counting the period of five years as envisaged under Section 24 (2) of The Right#HL_END....
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. As per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the award pertaining to the subject property has been made more than five years prior to the commencement of the new Act i.e. Therefore, the entire acquisition proceedings have lapsed as per Section 24 (2) of the Right to Fair Compensat....
Therefore, acquisition proceedings cannot be vitiated on the ground of lapses as contemplated under Section 24 (2) of the new Act i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Even the subsequent purchasers cannot be said to be land owners entitled to registration of land and cannot be termed to be affected persons within the provisions of the new Act i.e. It is not open to them to claim that the proceedings h....
(3) For the purposes of this section, a person shall he deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( hereinafter for Short “the 2013 Act”)
(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.] The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under Section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in ei....
One can note that it has four components namely, acquisition, compensation, rehabilitation and resettlement. The aforesaid conclusion is fortified by a reading of the title of the Act. Central Act 30 of 2013 bears the following title: "THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (30 of 2013)"
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