The government is acquiring my land in Kolkata for a highway project, what compensation am I entitled to?
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Below is a comprehensive legal analysis based on Indian law for your question.
Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In Kolkata, 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.
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