how to claim compensation for land acquisition in Dehradun

Detailed Legal Analysis

To claim compensation for land acquisition in Dehradun, you must follow the procedures outlined in 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 claim compensation:

• Notification of Acquisition: The government must issue a notification under Section 11 of the RFCTLARR Act, 2013, which will declare the land as required for a public purpose.
• Eligibility for Compensation: Only owners of the land or those with legal rights over the land are entitled to claim compensation. This includes:
  • Landowners
  • Leaseholders
  • Those with recorded rights in the revenue records
• Assessment of Land Value: The government will assess the market value of the land. Under Section 26 of the RFCTLARR Act, 2013, the compensation is determined based on the following:
  • The average of the sale price of land in the vicinity in the last three years.
  • A minimum of 1.5 times the market value in rural areas.
  • Additional factors like the type of land, its usage, and its potential for development.
• Submission of Claims: Claimants need to submit their claims within a specified time frame, typically within 60 days of the notification. This can be done by:
  • Submitting a written application to the Competent Authority.
  • Providing all necessary documents such as title deeds, identity proof, and any prior agreements related to the land.
• Hearing and Decision: The Competent Authority will conduct hearings to ascertain the claims. After reviewing all claims, a decision will be made regarding the compensation amount.
• Disbursement of Compensation: Once the amount is finalized, the compensation will be disbursed via cheque or bank transfer. Ensure that you provide your bank details accurately while submitting the claim.
• Dispute Resolution: In case of disputes regarding the awarded compensation, claimants can approach the Land Acquisition, Rehabilitation and Resettlement Authority or the civil courts as per Section 64 of the RFCTLARR Act, 2013.

It is advisable to consult with a legal expert specializing in land acquisition matters to navigate the process effectively and ensure that your rights are protected.