how to claim compensation for land acquisition in Kohima

Detailed Legal Analysis

To claim compensation for land acquisition in Kohima, individuals must follow the procedures outlined in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). Here are the steps and requirements involved in the process:

• Understanding the Act: The RFCTLARR Act, 2013 provides the legal framework for compensation and rehabilitation in cases of land acquisition. It replaced the Land Acquisition Act, 1894, and emphasizes fair compensation for the affected landowners.
• Notification of Acquisition: The process begins with the government issuing a notification under Section 11 of the RFCTLARR Act. This notification must specify the intent to acquire land for a public purpose.
• Eligibility for Compensation: Landowners whose land is being acquired, including tenants and sharecroppers, are entitled to compensation. Eligibility also extends to those who have a recorded interest in the land.
• Assessment of Compensation: According to Section 26 of the RFCTLARR Act, the compensation amount is determined based on the market value of the land, which is assessed using the average sale price of similar lands in the vicinity during the last three years.
• Submission of Claims: Affected parties must submit a claim for compensation to the designated authority within the time frame specified in the acquisition notification. This claim should include:
  • Proof of ownership or tenancy.
  • Details of the land being acquired.
  • Any other relevant documents to support the claim.
• Hearing of Claims: The authority will conduct a hearing as per Section 30 of the RFCTLARR Act if there are disputes regarding compensation amounts. Affected parties can present their case during this hearing.
• Final Compensation Award: After assessing the claims and conducting hearings, the authority will issue a final award for compensation, as outlined in Section 29 of the RFCTLARR Act. This award must be communicated to all concerned parties.
• Appeal Process: If the affected party is dissatisfied with the compensation awarded, they can file an appeal within 60 days of receiving the award, as per Section 34 of the RFCTLARR Act.

It is advisable for claimants to consult legal professionals or local authorities for assistance in navigating the process of claiming compensation for land acquisition in Kohima.