Legal Question in Constitutional Law in India

land acquisition

Municipal Corporation of Visakhapatnam proposes to acquire 3 acres of land for consruction for weaker section of society.Land is identified in the outskirt of the city. This is prime agricultural land. The owners of the land are dalits owing not more than 2 acres each.A preliminary notification under section-4 of the Land Acquisition Act has the published on 2-1-2004.The owners at the rate of two lakhs per acre accepted compensation offered by the Government in 2004. A Draft Declaration under section-6 of the Land Acquisition Act was published on 14-1-2008 on the Special C ollector(land acquisition)now priposes to take possession of the lands. Some of the land owners now refuse to part of land. Their contention are

1)For construction of houses for weaker section, taking away the lands of dalits is not proper way.

2)Due to the in ordinate delay in land acquisition the proceedings are voilated.

3)The compensation that was offered four years ago, is not acceptable now as the land rates have increased by 20 times during their period.

In this case, if i will arguing on behalf of land owners, who are refusing to give land what are the legal points and defence points available for me


Asked on 3/02/08, 9:44 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: land acquisition

Already replied

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Answered on 3/05/08, 3:27 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: land acquisition

You may approach through the Section 23 of the Land Acquisition Act.

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Answered on 3/05/08, 7:26 am

Re: land acquisition

If the owners have accepted and taken the compensation,then in their case now no point exist to argue but in case of others who have not accepted or taken the compensation then you may go u/s.23 of L.A.Act for reference and for increase of compensation.

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Answered on 3/02/08, 11:44 am


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