Apex law office LLP is an Appellate Lawyers Office is a top-rated law firm in Chennai. This Law firm is known for its expertise in land acquisition and fair compensation matters. In fact, this is an experienced team of LAOP filing lawyers. Meanwhile, they are dedicated land dispute advocates in which the firm has successfully represented clients at the Madras High Court.
The legal professionals at Appellate Lawyers Office understand the complexities that come with land acquisition and compensation cases. In fact, They provide their clients with extensive knowledge of relevant laws, regulations, and policies to ensure that their client’s rights are protected. The team also works tirelessly to resolve disputes through mediation, arbitration, or litigation in court.
How to get Fair Compensation in Govt. Land Acquisition?
Appellate Lawyers Office is one of the Best Law Firm to get a Fair Compensation for Land Acquisition in Chennai, Tamil Nadu, India.
The government ensures fair compensation for families whose land is acquired or affected by compulsory acquisition processes. In 2015, lawmakers passed a bill amending the 2013 legislation, guaranteeing fair compensation in land acquisitions. Consequently, experienced attorneys help property owners secure rightful compensation when their land is taken for public or private projects. Appellate Lawyers Office effectively represents both individual landowners and corporations acquiring land for industrial or commercial developments. Additionally, skilled lawyers work diligently to ensure clients receive fair compensation for financial losses caused by land acquisition.
Moreover, the firm’s attorneys assist clients in navigating legal complexities to secure just compensation for their acquired properties. Legal experts also challenge unfair acquisition terms to protect landowners’ rights and ensure they receive proper compensation. Since land acquisition cases require knowledgeable attorneys, they fight for rightful compensation under the latest legal amendments. Furthermore, affected landowners seek experienced lawyers to advocate for fair compensation when government projects require property acquisition. Ultimately, legal professionals negotiate with authorities to guarantee landowners receive equitable compensation under updated acquisition laws.
Development of infrastructure facilities or Private Land Urbanization
In India, The Acquisition of Land refers to the process in which the State or Central governments in India to acquire Land owned by for industry. Of course, This is for the development of infrastructure facilities or private land urbanization.
According to the bill government has the right to own the land in case of the following projects:
- Defense
- Rural Infrastructure
- Affordable housing
- Industrial corridors.
- Infrastructure including PPPs
The bill also enables the government to exempt from following categories of project requirements:
- Social impact assessment.
- Restrictions on acquisition of multi-cropped land.
- Approvals for private projects and public-private partnership projects.
The bill exempts at any period when a court has given a stay order on the acquisition while computing an awardee who so ever has awarded five years earlier and Fair Compensation for Land Acquisition was not paid or the possession was not taken over within five years. Get an appointment with a Good Civil Lawyer for Fair Compensation for Land Acquisition today.
Important Issues in Fair Compensation and Transparency in Land Acquisition
- The amendments in the bill propose to hurry the process of acquisition. But the changes made in the bill have reduced the time for acquisition from 50 months to 42 months.
- The projects are exempt from the provisions of social impact assessments. Other too such as restrictions in terms of multi-cropped land as well as approval of broad and can encompass many projects of public interest.
- The Act requires the consent of 80% of private project holders and 70% of landholders for Public-private partnerships projects.
Requiring consent from unwilling owners is not justified.
- Lawmakers introduced a prior sanction rule to prosecute government employees, potentially raising the bar for accountability. Consequently, this change replaces the provision that previously held department heads guilty for their subordinates’ actions.
- The revised retrospective provisions may fail in cases filed before 2014 due to a recent Supreme Court judgment. Therefore, legal experts question their effectiveness in ensuring justice for past institutional cases.
Limitations on the land acquisition :
The Act forbids land acquisition when this acquisition includes multi-cropped irrigated areas. It will be subject to an aggregated upper limit for all the projects in a District or state as notified by the State Government. Besides this multi–crop irrigated land acquired to an equal area of cultivable wasteland will develop by the state for agricultural purposes. Firstly, avail of a Legal Consultation for Fair Compensation for Land Acquisition to avoid complications.
In another type of agricultural land, the total acquisition must not exceed the limit for all the projects in a District or state as notified by the Appropriate Authority. These limitations must not apply to linear projects which includes projects for railways, highways, major district roads power lines and irritation canals.
Supreme Court about the development of infrastructure facilities or private land urbanization
When landowners surrender their property to the government to avoid litigation, such transactions qualify as compulsory acquisition, not sales. Consequently, these transactions should be exempt from capital gains tax, as they do not involve voluntary commercial exchanges. Moreover, in certain cases, landowners have no choice but to transfer their property for government development projects. As a result, they are not legally obligated to pay capital gains tax on the compensation received. Furthermore, the Supreme Court has ruled that compensation from compulsory acquisition is not subject to capital gains taxation. Ultimately, this ruling protects landowners from unfair tax burdens when their properties are forcibly acquired for public purposes.
Rehabilitation Land Acquisition and Resettlement Act
“The acquisition of land under the State of Law of State development Act will not lapse simply because they do not follow the procedures in the Central Law “. The Supreme Court recently decided that all legal proceedings initiated under the laws of the state, Rehabilitation Land Acquisition and Resettlement Act that came the apply in 2014 will not apply.
The original claim of landowners
“It is unfortunate that the original claim of land owners are not satisfied with the state for a long time like that. ” Most cases of litigation arise from the decided compensation package. For the same authorities may have taken the landowners to court. But, the Supreme Court has taken an adverse view of this approach, especially if the amount is unsatisfactory or insignificant, and the time taken to complete the deal in the process is too long. Contact the Best Legal Advisers for Fair Compensation for Land Acquisition.
“If no compensation is paid for the acquisition is “illegal, bad, and no justification”. West Bengal Government and its land acquisition collector had received orders by Calcutta high court to pay compensation and occupation charges to the aggrieved party, whose property will be occupied by the state government has been occupying since 1998.
Power of Eminent Domain or the Law of compulsory Acquisition
The concept to compel an owner of the property to submit the property to the State or any agency or entity authorized by the state is Utilitarianism which emphasizes the fact that community goodwill is paramount to the right of the individual to hold the property. It may be also called as Land acquisition, Power of Eminent Domain, or the Law of compulsory Acquisition. Get an Online Legal Advice for Fair Compensation for Land Acquisition in India. \
Private property for public purposes
The Law of Land Acquisition defined to legalize the taking up, for public purposes or for a company, of land which is private property of individuals the owners and occupiers, and pay fair compensation thus calculated at Market value of land acquired plus an more sum on account of compulsory character of acquisition.
The Constitutional framework of India indeed consisted of provisions under Article 19(f) and Article 31 there were a number of difficulties that the state confronted. Choose Top Advocates for Fair Compensation for Land Acquisition.
Growth of infrastructure
It hampered the development by means of the growth of infrastructure which was essential for development soon after the independence, as soon as the difficulties were brought to light by the judicial decisions the constitution’s (First) Amendment Act, 1951 was enacted and the right to property was done away with.
Article 31(A)
So the Article 31(A) that was enacted by states had no law which provides for acquisition by the state of an estate held void as being ultra vires Article 14 or Article 19.
It also offered the compensation amount at a level not less than the Property’s market value. Avail the Litigation Services of the Best Lawyers for Fair Compensation for Land Acquisition.
Land acquisition Act 1894
The Land Acquisition Act of 1894 enacted by the British Government and by virtue of the Indian Independence (Adaptation of Central Acts and Ordinances) Order 1948 continues to exist as the Law of Land Acquisition in India.
Land can get either by the Central or state government for the purposes listed under state and central register unless and otherwise the central government delegation to the task of state government under article 258(1) of the constitution. Legal Consultation about Fair Compensation for Land Acquisition will help you in various aspects.
Land Acquisition for Public Purpose
In the case of Land Acquisition for Public Purpose, Article 31 (2) states that land can be acquired by the state only for Public Purpose which includes the general interest of the community as opposed to a particular interest of the individual, general, and virtual concerned.
Land Acquisition Act of Section 3 (f)
As Per Land Acquisition Act of Section 3 (f) defines public interest as a public expression of interest including :
- The provision of land to the city or Planning of rural.
- The Provision of rural-site, or an extension, improvement, and planned development of existing village -sites;
- The provision of land to execute the development of land as per the plan from public funds under the scheme or policy of the Government and subsequent disposal thereof in whole or in part by outright sale, assignment, or lease with the object to proceedings further development as per the plan;
- The provision of land for the purpose of housing for the landless or poor or to the people living in natural disasters areas, or for those displaced or affected by reason the implementation of the scheme undertaken by the Government, local authorities, or owned by corporation or State-controlled;
- The provision of land to a Land owned by a Corporation or State-controlled;
- The provision of land to carry out the scheme of slum clearance, health, education, or housing sponsored by the Govt or by the authority appointed by the Government to implement the scheme, or with the prior consent of the Govt of the right, by the local govt or society registered under the Registration of Societies Act, 1860 (21 in 1860), or under an appropriate law for the time being applicable in the country, or a cooperative society in terms of any law relating to co-operative societies for the current force in each state;
- The provision of land for other Schemes for development sponsored by the Government or with the prior approval of the appropriate government, by local authorities;
- The provision of any place or building to seek public office, but does not include land acquisition for the corporation.
Lawyers for Fair Compensation for Land Acquisition
Under the new Government that came into power in 2014, significant amendments have been proposed and are being pushed through, that would remove most protections, safeguards, and checks and balances introduced in the new law.
Land Acquisition, Rehabilitation, and Resettlement Act – LARR act
India’s land acquisition laws inherited from the colonial era are loaded against the interests of landowners and others dependent on the land for their livelihood. Moreover, The (Land Acquisition, Rehabilitation, and Resettlement) Larr Act in 2013 has increased the scale of the compensation to be received by the owner of the land and added to the rehabilitation and resettlement (R & R) in terms of displacement.
Following the law and bypassing the democratic structure in place, the amendments is introduced as an ordinance, approved by the President, this is provision reserved for urgent changes in the legislation outside Parliament session is valid only until the next session.
Infrastructure projects
In the case of infrastructure projects which are not covered by the enactments in Schedule Four, as well as for the industrial corridor and affordable housing bill proposed amendments or legislation amendments in states that are already in force or those who may impose in the future will come to an end the potential for delays which may be caused by the application of procedures for prior approval, a social impact assessment or farmland.
Read More
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- Rights of the Accused: Supreme Court Insights on Fair Trial
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Find the Best Advocate for Fair Compensation for Land Acquisition
How to Find the Best Lawyers for Fair Compensation for Land Acquisition. The overriding imperative for government policy is to undertake effective spatial planning in order to restrict urban expansion so as to ensure that settlements do not occupy more than approx. 55 million hectares of land in 2050, as this may lead to unacceptable pressure for cropland. Appellate Lawyers Office (ALO) Advocates offer the best Legal Services for Fair Compensation for Land Acquisition.
