Land acquired but compensation not received
Hello Sir I am a resident of Devli village in South Delhi . Our village land was acquired in 1985 for planned development of the city but we never received compensation for our land. I believe that it's only you who can help us in overcoming our misery and provide us justice .Kindly go through the following links for further details – 1.) http://www.thehindu.com/2005/10/02/stories/2005100209970400.htm 2.) http://m.timesofindia.com/city/delhi/HC-notice-to-L-G-building-department/articleshow/3729375.cms 3.) http://archive.indianexpress.com/news/explain-23year-delay-in-giving-compensation-high-court-tells-govt/387561/ It would be very helpful if you provide me the reason and remedy for this issue . You can contact me on this mail I'd I.e. firstname.lastname@example.org
You only having remeady to challenge it before high court on the ground that instead of acquire of land and lapse of more than several years same not been used for the purpose of acquisition initiated since long.. So that you could get your land back form govt authority.
One of the best remedies in this kind of a situation is a class action suit to be filed before the concerned court of law in your district. This case is of a civil nature. When you, as an individual file a case against the government, usually it does not create that much of an effect and momentum which a whole group of people can generate. This is what happens in a class action suit where a group of people having similar interests and affected by the same cause of action sue with a similar prayer for relief. Filing a case in such a manner doesn’t create a burden on a single individual (neither economically nor otherwise) rather, tries to fasten the process of litigation thereby leading to a speedy disposal of the case and allowing the relief prayed for.
There was one high powered committee of Delhi Development Authority on lands established in the year 1986-87 to look into such cases of land acquisition by the government during that period. The link to such action is provided at the bottom of the page.
As a part of remedy, according to us – all the victims in this situation should be liable for a Resettlement, Rehabilitation and Compensation.
As per Section 17 of the Land Acquisition act 1984 – the collector under the orders of the appropriate government may take up lands on account of urgency citing the use of Public Purpose but the same statute further goes on awarding the due compensation to the ones affected by such a dispossession. While awarding such compensation – the market value of the land is taken into consideration and not the value asserted as per the parties.
If all the affected people have collectively made a representation before the District Collector in this regard, to which the Collector did not pay any attention to thereby subsequently rejecting to pay the people their rightful claim, then the following remedy subsists :-
- A writ petition before the Hon’ble High Court of Delhi by virtue of article 226 of the Constitution of India.
- A contempt proceeding can also be initiated against the government on the ground of having failed to follow or ignore the directions of the Hon’ble High Court. The said order of the High court issued in September 2005 should be in your favour and against the government.
Our personal advice to you would be to not loose hope and file the above mentioned cases against the government by all the affected people of the village coming together and as one. Reaching to the final result of the case – in the way of allotting you the desired compensation might take some time but definitely the victory will be yours.
Also remember that while acquiring your land the collector might have issued a notification – informing all the people of the village about such an acquisition, by way of either newspaper or sticking it on the walls of the village houses. If, any such notification to this effect was also issued at that point of time then the Collector should be held personally held liable for it in the court of law.
As per Section 31 of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 which talks about Rehabilitation and Resettlement Awards for each affected family by Collector, the collector should have provided the village with rehabilitation with an immediate effect.