The government acquired my land in Howrah but the compensation awarded is far below market value, what can I do?
AS Asked by Ashok Yadav from India
Quick Answer
Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, you have the right to seek higher compensation if the awarded amount is below the market value.
Detailed Legal Analysis
Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, you have the right to seek higher compensation if the awarded amount is below the market value. In Howrah, you can file a reference before the Land Acquisition Collector within the time prescribed under the Act.
The Calcutta High Court has upheld the right of landowners to seek enhancement of compensation based on market value. West Bengal Premises Tenancy Act 1997 may have additional provisions for rehabilitation and resettlement of affected persons.
You must produce evidence of the market value such as sale instances of similar lands in the vicinity. The Reference Court will consider the evidence and pass an order enhancing or confirming the compensation.
If you are still aggrieved, you can file an appeal before the Calcutta High Court. You may also seek solatium and interest as prescribed under the Act.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.