BY THE REGISTERED POST WITH ACKNOWELDGEMENT DUE
To,
1. The Union of India,
Through the Secretary to Govt.
of India,
Department of Road Transport
and Highways,
Ministry of Road Transport &
Highways,
Transport Bhavan, 1, Parliament Street,
New Delhi-110001, INDIA.
E-mail : secy-road@nic.in
Transport Bhavan, 1, Parliament Street,
New Delhi-110001, INDIA.
E-mail : secy-road@nic.in
Tel: 23753991
(O)
FAX : 91-011-23714104
2.
National Highways Authority of India,
Through The Chairman,
Through The Chairman,
G 5 & 6, Sector-10, Dwarka,
New Delhi - 110 075, INDIA.
Phone: 91-011-25074100 & 25074200
Fax : 91-011-25093507, 25093514
New Delhi - 110 075, INDIA.
Phone: 91-011-25074100 & 25074200
Fax : 91-011-25093507, 25093514
3.
THE PROJECT DIRECTOR,
National Highway Authority of
India,
633, Shivlia Road, Mohaddipur,
Gorakhpur – 273 008 (Uttar Pradesh).
4.
The State of Uttar Pradesh,
Through The Collector,
District – Basti, (Uttar Pradesh).
5.
The Special Land Acquisition Officer
District – Basti, (Uttar Pradesh).
Dear Sir (s),
Under instructions
from my clients (1) Dr. Vindhya Chal Singh, Aged about 65 years, S/o Late Mr.
Mitthu Singh, R/o B-25, Siddharth Lake City, Anand Nagar, Raisen Road, Bhopal
462 021 (Madhya Pradesh) and (2) Mr. Shyam Sundar Singh, Aged about 50 years,
S/o Late Mr. Mitthu Singh, R/o Village and Post Maharipur, Tahsil and District
– Basti, 272 001 (Uttar Pradesh), I, serve you with notice as under :
1.
Land
bearing Gata (Plot) Nos. 211 area measuring 0 Bigha 4 Biswas and 13
Biswansis situated at Village Sanasarpur and Land bearing Gata
(Plot) Nos. 12, 13, 14, 15, 16, 17, 60,
107 area measuring
1 Bigha 5 Biswas and 19 Biswansis Village Amhat of Paragana Nagar
Purab, Tahsil and District Basti (Uttar Pradesh ) belonging to my aforesaid
clients were acquired for construction of a road for which the my aforesaid
clients
are legally entitled to payment of compensation.
2. You notice No. 1 to 3 for whose benefit the land of the my aforesaid clients has been
acquired. You notice No. 4 & 5 who are to make such payment under the Law.
3. The
Governor of Uttar Pradesh was pleased to order notification No. 7525 / 46 (II)
/ L (18) –OSD 84, dated January 10, 1986 for general information which was
published in Uttar Pradesh Gazette dated 12, July 1986 at page 951:
4. Under
sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Act No. 1 of
1894) read with the Government of India, Ministry of Home affairs notification
No. 20/1/55 Judl. (I) dated May 14, 1955, The Governor of Uttar Pradesh was
pleased to notify for general information that the mention in the Schedule below
is needed for a public purposes, namely for construction of approach road to
New Bridge over River Kuwano in K.M. 195 on N. H. No. 28 in District Basti.
5. Being
of the opinion that the provisions of sub-sections (1) and (1-A) of Section 17
of the said Act are applicable to the said land in as much as the said land which
is waste or arable, as well as other than waste and arable is urgently required
for the construction of aforesaid road and that in view of the prevailing
urgency as well necessary to eliminate the delay inquiry under Section 5-A of
the said Act, the Governor was pleased to direct under sub-section (4) of
section 17 of the said Act that the provisions of said act shall not apply.
Schedule
|
S. No.
|
District
|
Pargana
|
Mauza
|
Gata (Plot) No
|
Approximate Area
|
||||||||||||||||
|
1.
|
Basti
|
Nagar Purab
|
Sansarpur
|
211
|
0-4-13
|
||||||||||||||||
|
2.
|
Basti
|
Nagar Purab
|
Amhat
|
|
|
6.
The Land Acquisition Act of 1894 is a law in India and Pakistan that
allows the government to acquire private land in those countries.
7.
“Land Acquisition” literally means acquiring of land for some
public purpose by government/government agency, as authorised by the law, from
the individual landowner(s) after paying a government fixed compensation in
lieu of losses incurred by land owner(s) due to surrendering of his/their land
to the concerned government agency.
“THE LAND ACQUISITION ACT, 1894
(1 OF 1894)
(As modified up to the Ist
September, 1985)
4. Publication of preliminary
notification and power of officers thereupon. - (1) Whenever it appears to the [appropriate Government] the
land in any locality [is needed or] is likely to be needed for any public
purpose [or for a company], a notification to that effect shall be published in
the Official Gazette [and in two daily newspapers circulating in that locality
of which at least one shall be in the regional language], and the Collector
shall cause public notice of the substance of such notification to be given at
convenient places in the said locality [(the last of the dates of such publication
and the giving of such public notice , being hereinafter referred to as the
date of the publication of the notification)].
(2) Thereupon it shall be lawful for any officer, either generally or specially authorized by such Government in this behalf, and for his servants and workman, -
to enter upon and survey and take levels of any land in such locality;
to dig or bore into the sub-soil;
to do all other acts necessary to ascertain whether the land is adapted for such purpose;
to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon;
to mark such levels, boundaries and line by placing marks and cutting trenches;
and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle;
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so”.
8.
The land acquisition act of 1894 was created with the
expressed purpose of facilitating the government’s acquisition of privately
held land for public purposes. The word "public purpose", as defined
in the act, refers to the acquisition of land for putting up educational
institutions or schemes such as housing, health or slum clearance, apart from the projects
for rural planning or formation of
sites. The word "government" refers to the central
government if the purpose for acquisition is for the union and for all other
purposes it refers to the state government. It is not necessary that all the acquisition has to
be initiated by the government alone. Local authorities, societies registered under the societies registration act, 1860 and co-operative societies established under the co-operative societies act can also acquire the land
for developmental activities through the government.
9.
The National Highways Authority of India (NHAI) is the nodal
agency responsible for building, upgrading and maintaining most of the national
highways network. It operates under the Ministry of Road Transport and Highways. The National Highways Development Project (NHDP) is a major effort
to expand and upgrade the network of highway network. NHAI often uses a
public-private partnership model for highway development, maintenance and
toll-collection. The NHAI was created through the promulgation of the National Highways Authority of India Act, 1988. In February 1995, the
Authority was formally made an autonomous body.
It is responsible for the development, maintenance, management and operation of National Highways, totaling over 71,772 km (44,597 mi) in length.
It is responsible for the development, maintenance, management and operation of National Highways, totaling over 71,772 km (44,597 mi) in length.
Notification
10.
The process of acquisition begins with
the issuance of preliminary notification, as envisaged under
section 4(1) of Land Acquisition Act, 1894. The notification has to be
essentially published in the official gazette and
in two daily newspapers circulating in that locality of which at least
one shall be in the regional language. Further, it is also
necessary that the notification has to be affixed in conspicuous places of that
locality.
Filing of objections
11.
The main objective of issuing
preliminary notification is to call for objections, if any, against such
acquisitions from the owners or others who are having certain interest over the
property; giving them an opportunity to raise their claims against the move of
the government for acquiring their lands. The persons aggrieved by such
notification shall file their objections within thirty days from the date of
preliminary notification(date of the publication of notification).
Final declaration
12.
After receipt of objections, the
concerned authority shall consider those objections, and if found
unsatisfactory, then a final declaration rejecting the claims will be issued.
Section 6 of the amended Act provides that the final declaration shall be
issued by the authority within a period of one year from the date of issuance
of preliminary notification under section 4(1) of the Act. However, prior to
the amendment, the time stipulated under the Act for final declaration was
three years from the date of publication of the preliminary notification. The
final declaration has to be published as required under section 6(2) of the
Act.
Award
13.
Section 11 of the Act provides that
after receiving the objections, the authority will have to hold an enquiry.
However, it is necessary that actual extent of land proposed to be acquired and
the value of the land has to be assessed before starting the enquiry, as
required under sections 8 and 9 of the statute.
On completion of the enquiry, award will be passed to that effect and published
by the competent authority. After passing the award, the Collector or the Deputy Commissioner shall send notice
to the owners or their representatives who were not present personally at the
time of passing of the Award.
Time limit
14.
Once the enquiry is concluded, it is
the duty of the competent authority to pass the award within two years from the date of
publication of the declaration under section 6, as envisaged under section 11 A
of the Act. If the authority fails to adhere to the time schedule prescribed
under the Act, the entire proceedings initiated for land acquisition will
lapse. After passing of the award, the Deputy Commissioner or any other competent authority may take possession of the land immediately,
which shall thereupon vest absolutely with the government, free from all
claims, whatsoever.
Special powers
15.
Section 17 of the Act confers special
powers with the concerned authority wherein passing of award may be dispensed
with and yet permits to take possession of the land notified for acquisition.
Further holding of enquiry can also be waived, as envisaged under section 5 A
of the Act. However, such powers can be exercised only in case of urgency.
After passing of the award, the person whose land has been proposed to be
acquired can give his consent for such acquisition and agree to receive the
compensation.
16.
Objections can also be raised against
the measurement of the land, enhancement of compensation or apportionment of
the compensation by filing a written application before the Deputy
Commissioner, as provided under section 18 of the Act, requesting the authority
to refer the matter to the court for determination of the grounds raised in the
application. An application to that effect has to be filed by the person who
was personally present when the award was passed, within six weeks from the
date of the award passed by the Collector. In other cases, the application will
have to be made within six weeks from the date of receipt of the notice issued
under section 12(2) or within six months from the date of the award passed by
Deputy Commissioner, whichever is earlier.
Compensation
17.
Provision for settlement of dispute
pertaining to apportionment of the compensation amount is available under
section 30 of the Act. In such a situation, the Deputy Commissioner should
refer the matter to the court. The claimant will be entitled to the
compensation which is determined on the basis of the market value of the land
determined as on the date of preliminary notification. According to section 34,
if there is delay in payment of compensation beyond one year from the date on
which possession is taken,]]]] interest at the rate of 15 per cent per annum
shall be payable from the date of expiry of the said period of one year on the
outstanding amount of compensation till the date of payment.
18.
Judicial
Interpretation of the word "Dispute" in the land acquisition
proceedings—State of Madras Vs. B.V. Subramania Iyer AIR 1962 Mad. 313- The
Word “Dispute”- Includes any controversy with regard to the title of a single
claimant- The word ‘dispute’ has been used in a wide and not in a literal sense
and implies any controversy at to title, whether as between the actual
claimants, or as appearing from the documents made available by the government.
It is obvious that when the government exercises its power of eminent domain
and acquires property, Public funds have to be utilized for the payment of compensation
to the true owner, and not merely to any claimant who cares to appear on the
scene. The government has a special responsibility in this regard, and cannot
later take refuge behind the pretext that the compensation was paid to the
claimant who actually appeared wile others did not appeared. So long as that is
the situation the acquiring officer has a right to make such a reference, even
if a dispute or controversy as to the arises on the documents before him. He
cannot be made liable for costs, and it is the party who has to bear the costs
incurred in establishing the title, of the party to receive the compensation
amount.
19.
Status of
the Tenant occupying the land to be acquired under Land Acquisition Act,
1894—M/s Indarprastha Ice and Cold Storage Ltd. Vs. Union of India AIR 1987 Del
171- Tenant is entitled to only a nominal compensation- Only a
nominal portion of the compensation of the acquired land is to be paid to the
tenant and substantial amount has to be taken by the landlord. The tenant is not
entitled to 1/3 or 1/4 of the amount of compensation on the basis of judicial
decisions relating to agricultural land on which the tenant had aright to
purchase under Section 18 of the Punjab Security of Land Tenures Act. The
tenant is only entitled to 1/8 share of the compensation.
20.
The government, under section 16 of
the Act is at liberty to withdraw from acquisition of land except in cases
provided under section 36. However, if the possession of land has been taken,
then the government will have no authority to withdraw from such acquisition.
Procedure for the Land Acquisition
Investigation
21.
When a local authority or a company
requires a land, an application is required to be made by it to the revenue
authority.
22.
The application should be accompanied with
a copy of the plan showing survey nos., purpose of acquisition and the reason
for the particular site to be chosen and the provision made for the cost of the
acquisition.
23.
After the government has been fully
satisfied about the purpose, the least area needed, and other relevant facts as
provided under land acquisition rules, it will issue a notification under
Section 4 of the act that the particular land is required for public purpose.
24.
One of the revenue officers is
appointed as the collector to hold an inquiry under Section 5-A of the Act.
25.
After notification the owner is
prohibited from selling his property or disposing of it and prevented from
carrying out any works of improvements for which no compensation will be paid
if executed without prior permission from the collector.
Objection and Confirmation
26.
Objections are invited from all
persons interested in land within thirty days from the date of notification.
26. The objections will be valid on one or more
of the following grounds:
i. That the purpose for which
the land is proposed for acquisition is not a public purpose.
ii. That the land is not or
less suitable than another piece of land for the said purpose.
iii. That the area under
acquisition is excessive.
iv. That the acquisition will
destroy or impair historical or artistic monuments or will desecrate religious
buildings, graveyards and the like.
27.The
collector after hearing the objections will submit his report to the government
who will finally declare the land for acquisition under the Section 6 of the
Act.
28.After
notification the collector proceeds with the claim. He has the site marked out,
measured and a plan of the same is made.
Claim and Award
29.The
collector will issue notices under Section 9 to all persons interested in the
acquisition to file their claim reports.
30.The
collector is not to be a party to the proceedings, is to possess an expert
knowledge on valuation, and offers a fair price to an owner and checks that the
public funds are not wasted.
31.The
claim filed should contain the names of the claimants and co-shares if any
rents or profits for last three years and a valuation report of the land from
an architect or an engineer.
32.The
government can abandon the acquisition proceedings by simply canceling the
notification. However, in that case compensation has to be paid under Section
48(2).
33.In
determining the compensation the market value of the land is determined at the
date of notification. The rise and fall in the value during the period of
transaction and notification is taken into consideration.
Compensation is also payable when:
i. Part of the property is
proposed for acquisition in such a manner that the remainder depreciates in
value.
ii. When the land notified for
acquisition has standing crops or trees.
iii. If the person interested
has to change his place of residence or business then the excess rent payable
for the new premises is also considered for compensation.
34. Matters which are not taken into
consideration for the purpose of land acquisition are:
i. The degree of urgency which
has led to the acquisition.
ii. Any disinclination of the
person interested to part with the land.
iii. Any increase in the land
value likely to accrue from the use to which it will be put when acquired.
35.After
necessary inquiries the collector declares his award showing true area of the
land, total amount of compensation payable and apportionment of compensation if
there are more than one owners or claimants.
36.The
collector has to make the award under section 11 within a period of two years
from the date of notification.
Reference to Court
37.Any
person interested to whom the award is not satisfactory can submit a written
application to the court.
38.This
application should be made within six weeks from the date of declaration of the
award.
Apportionment
39.In
apparent of the compensation each of the claimants are entitled to the value of
his interest, which he has lost, by compulsory acquisition.
40.Thus
it is required to value a variety of interest, rights and claims in the land in
terms of money.
41.It is pertinent to mention here
that my client since living away from his parental native place, contact you
noticee No. 4 & 5 through written communication and orally but it is sorry
to say that nobody took any pain to redressal the grievances of my aforesaid clients.
42.You noticees are therefore
called upon through this notice, to kindly pay the adequate amount of
compensation to the value of my aforesaid clients interest, which they have
lost, by compulsory acquisition, after following the due process of Law within
a period of 2 months from the date of receipt of this legal notice failing
which my aforesaid clients would be at liberty to proceed against you noticees
before the competent Court of Law at your costs and risks.
A Copy of this legal notice is
being kept in my office for future reference.
Thanking
you
Yours
faithfully
[VIJAY
RAGHAV SINGH]
ADVOCATE
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