The recent farmers’ agitation in Greater Noida over land acquisition by the government has its roots in a dispute between the farmers and the government with the former alleging that their land was sold to developers at a much higher price than what the farmers got for the same land.
If the government decides to acquire your land or plot for development, you can appeal against the order with the collector-cum-district revenue officer along with your objections. The Supreme Court passed an order in 2005 that any state government and its agencies can’t take away the Fundamental Right to own a property in the country. According to the court’s ruling, the land revenue collector has to dispose of the matter at the earliest. Only after disposal of the objections filed with the officer can the government carry out work on the acquired land.
Under the Land Acquisition Act, if your land is selected for acquisition, the collector of the land revenue department will send you a notice and also display it on the plot. After that there will be an enquiry about the land and its market value. The collector will then award compensation as per the market value.
How to file your objection
Once you receive a notice from the collector’s office, you can file your objections within 30 days of receiving the notice. You can also go to court against the order.
In case you object to the land acquisition, the collector-cum-district revenue officer will conduct an enquiry. However, before initiating the enquiry, the officer has to assess the value of the land. The verdict has to be given within a year from the date of objection.
After the hearing
After hearing your appeal, the collector can increase or decrease the monetary compensation you get in case the acquisition of land can’t be reversed, such as if the land is to be used for a national project. However, the collector has the authority to annul the land acquisition notification issued earlier only if the land has been acquired by mistake.
If the compensation is not paid within a year of the government taking possession of the land, the government will have to pay 15% per annum. This penalty will be payable from the date of expiry of one year on the outstanding amount of compensation till the date of payment. However, if the collector is unable to resolve the matter, the case is referred to a court.
—Devesh Chandra Srivastava