how to claim compensation for land acquisition in Bareilly

Detailed Legal Analysis

To claim compensation for land acquisition in Bareilly, you must follow the procedures established under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013).

Here are the steps and requirements to successfully claim compensation:

• Understand the Acquisition Process: The land acquisition process is typically initiated by the government for public purposes. The landowners must be notified about the acquisition through a notification published in the official gazette.
• Notice of Land Acquisition: Upon receiving the notification, the affected parties will be informed about their rights and the compensation process. The government is required to provide a preliminary survey of the land being acquired.
• Eligibility for Compensation: According to Section 26 of the RFCTLARR Act, the compensation must be fair and just. Eligibility includes:
  • Owner of the land as per the revenue records.
  • Any person who has been in possession of the land for a period of three years prior to the acquisition.
• Assessment of Compensation: The compensation is determined based on:
  • The market value of the land, which should be calculated as per the guidelines provided in Section 26-30 of the RFCTLARR Act.
  • Additional benefits such as a solatium (a percentage of the compensation) and interest on the compensation amount.
• Filing a Claim: If you disagree with the compensation amount, you can file an application with the appropriate Authority (usually the Collector) within 60 days from the date of receipt of the award as per Section 25.
• Appeal Process: If the claim is rejected or if the compensation is deemed inadequate, you can appeal to the Land Acquisition, Rehabilitation, and Resettlement Authority within 30 days of the decision, as stated in Section 28.
• Legal Recourse: If the dispute remains unresolved, you may file a suit in the appropriate civil court under Section 34 of the RFCTLARR Act to seek just compensation.

It is advisable to keep all relevant documents, such as land records, notices, and communication with the authorities, to support your claim effectively.