Our family land has been tied up with a developer who has been sitting on it for decades with the original understanding that the developer would prevent the land from going into government hands and give us a share of the finished project. Now the developer is offering to buy us out completely for a fraction of the market value (in Hyderabad, Telengana) saying that the government will take the land from us to build housing for the poor or to auction it off. Two questions. First, can the government seize the land without compensating the landowners? And second, what rate will the government use for compensation? This is a fairly sizable plot of land right on a national highway and near a metrorail stop. Thanks in advance.
This is weird! How can a developer save your land when the government has published a notification stating that your land parcel has to be acquired. He has duped you all these years.
Take back the land. The government offers compensation and that is appealable ie you can file an appeal against it if you find the compensation inadequate. Rate is market rate.
Government will definitely compensate the same under land acquisition Act and the compensation depends on different lands on the ready reckoner value decided by govt.
How can one get a specific valuation of a sizable plot of land (1.7 acres on metrorail and national highway) in Hyderabad that we entrusted to a developer in the 1970s to save from government ceiling acquisition. The developer now claims that land has no value due to the existing litigation and minor encroachments from shops/shanty dwellings (which we think they control) and is offering to buy us out for a minimal amount "as a favor" to us. The developer claims that nobody is interested in the land because of the underlying litigation issues and thus there is no way of assessing its market value. I understand that legal issues can depress the fair market value of a property, but is there a way to come up with a realistic valuation of such land and can anyone estimate how much such a valuation report would cost? I do know that there were recent government-held auctions in Hyderabad of similar sized plots of land and was wondering if they could form the basis of comparable properties. Thanks in advance.
You can get the same by filing RTI in the relevant jurisdiction for the same
Government cannot seize land without paying compensation under land acquisition act 2013
2) you would get market value of property as determined under provisions of land acquisition act
There is no litigation regarding your property
for encroachment file case of criminal trespass against encroaches
file suit for eviction against them
terminate development agreement as no construction has been done for last couple of years
contact a govt approved valuer for valuation report of your property
The collector of a district publishes a circle rate list which states what is the rate of the land in a particular area. Obtain that list and you'll be able to calculate the price of your property.
Minor litigations etc mean nothing. Remove the encroachments.
The government cannot acquire the proeprty of people without intimating them by a notice.
The acquisition would not be complete before the property owners are suitably compensated as per the latest land acquisition law.
The developer appears to be trying to utilise your weakness to his benefit,m hence do not agree to any offer that he would make.
If the title to the property is on your name by a registered title document, you may better refuse to agree to the developer's demands, and can ask him to quit the scene and you take over your property yourself from now on
Knowing about the value of the property due to litigation and the encroachments can be confirmed from local.
This has got nothing to do with the government guidelines value of the property.
You can always get the government guidelines value from the jurisdictional sub registrar's office.
If the property is with the developer for over 50 decades, how do you think you have any clam over it when you do not have possession of the proeprty at all.
Moreover the property is under litigation hence if at all you want to get rid of all this 50 years old litigation and mental stress you can take a wise decision even at the cost of losing a substantial amount because it is uncertain that whether you will get back your property or any returns form the property given the extraordinary time lapse.
Think it over properly and take a wise decision at right time.
- As per law, the government cannot acquire any private land without sending a notice to the owner of the land and also without publishing the proposal in the two news papers, if the notice not served upon the owner.
- Further, without deciding the compensation and paying the same, the government department cannot take possession of the land for the specified purposes like construction of road etc.
- As per the Land Acquisition (Amendment) Bill, 2007, the payment for acquired land must be made within one year from the date of the declaration, and the Collector can extend this time limit by six months with a penalty of 5% per month, and further if payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.
- Further, after the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.
- Further, the land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.
- Hence, before acquiring the said land , the collector is bound to issue a notice for handing over the property after deciding compensation .
- If the compensation not agreed by you , then you can approach the court .
Dear Client,
The Government has to compensate for acquiring the land.
The compensation shall be paid considering the following criteria -
and other factors, as may be determined by the Collector.
Thank you.
