The government is acquiring my land in Durgapur for a highway project, what compensation am I entitled to?
BH Asked by Bhavna Chauhan from India
Quick Answer
Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Detailed Legal Analysis
Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In Durgapur, the government must follow the procedure laid down in the Act including social impact assessment and public hearing.
The Calcutta High Court has upheld the right of landowners to fair compensation as determined under the Act. West Bengal Premises Tenancy Act 1997 may have additional provisions for rehabilitation and resettlement of affected persons.
Compensation is calculated based on the market value of the land, a solatium of 100 percent, and other factors specified in the Act. You have the right to object to the acquisition and the compensation awarded.
If you are dissatisfied with the compensation, you can file a reference before the Land Acquisition Collector and appeal to the Calcutta High Court. The government must also provide rehabilitation and resettlement benefits as applicable.
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.