Separate cases have to be filed
2)no defamation case is made out
3) it is necessary to peruse orders passed to advice further
Land Acquisition - Enhancement of Compensation
Dear Sir/Madam, We are farmers of Chintaparthi Village in Andhra Pradesh are badly affected due to Land Acquisition of laying NH 71 from Tirupati to Madanapalle 4 line road. Our lands are belongs to ‘Abutting to NH Lands ‘ and its Basic Rate as on 2018 (Notification Date) is 4,50,000/- per acre. But CALA has fixed the price of 2,50,000/- per acre based Basic Price of Dry and WET lands sale deeds. Since there is NO sale deeds were executed last 3 years from the date of Notification Date in our village, We also awarded 2,50,000/- per acre . We have raised our concern about the Basic Rate was very less in front of Revenue Authorities but they told that first you accept this award and go for ARBITRATION request for enhanced compensation. So We have signed over the award papers and the same amounts had credited in our accounts in 2022. Later we have submitted ARBITRATION requests in front of District Collector/CALA and with supporting docs like Google Map of our abutting lands to NH and Awards of Nearest Village Lands (7,00,000/- per acre) which are similar type of our lands and having distance of 500 mts from our lands. We have fought for the below amounts as per RFCTLARR Act 2013 Section 26 (1) (a) or 26 (1) (b) or 26 (1) (c) Whichever is higher to be considered as Basic Rate 4,50,000/- 7,00,000 or 0 // NH land Farmer Expected Basic Price is : 7,00,000/- 2,50,000/- 2,50,000 or 0 // CALA Calculated Value is : 2,50,000/- Finally Collector passed an AWARD without any enhanced compensation saying that i) Market Value Certificate not submitted for abutting to NH lands that is 4,50,000/- since SRO says that there is survey number maintenance in their records. ii) Nearest Village Basic Rate and Revenue Villages are different hence Arbitration request was denied. Now we (around 6 farmers) are all planning to file a CASE on High Court, Kindly confirm on the below queries. 1) Can we file single case as a writ petition in HC instead of individual cases for enhancement of compensation? If Single Case possible, Pls provide any details of the case judgments of HC/SC etc. 2) Revenue and Collector/CALA escaping from implementation of section 26 (3) (b) because there is NO sale deed transactions executed in 2016,2017,2018. Can we file any defamation or take action on them petition along with writ petition itself??? 3) Kindly let us know any useful information related to our issue as most of the farmers are BPL families. Kindly confirm on the above to queries. Thanks and Regards Chintaparthi NH Land Farmers
Asked 1 year ago in Civil Law
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8 Answers
It is a different grievance for each individual hence the affected individuals have to file separate writ petitions by each of them in order to get their individual grievances redressed, however the high court may take up all the cases together as batch case.
2. The revenue official/collector have followed the rules in this regard, no defamation case can be filed against them for doing their duty, your grievances have to be redressed by appropriate legal forum against the collector.
3. You are aware of the latest rules and various rulings in this regard, hence you may follow it up through the appropriate legal forum properly for the remedy.
Yes you can file writ petition as well defamation proceedings on said matter. Defamation proceedings will only be maintainable if you make out a case for defamation in above case
Dear Sir/Madam, Its very clear that section 26 (1)(a) is Basic Price of Indian Stamp Act 26 (1)(b) - Average Sale price if you have sale deeds just before 3 years from date of Notification - There were NO sale deeds executed and available in our village to take average sales price 26(a)(c) value is Zero... As per RFCTLARR Act 2013, its clearly mentioned in the act to implement section 26 (3) (b) if there is no sale deeds available, The compensation that was paid in the nearest village or vicinity area for the similar type of lands...has to be paid for our lands as well. but NHAI and CALA always restricted us to within our revenue village itself even for implementation of section 26 (3)(b) ... mentioned in the recent Collector orders.... I have argued myself in the Arbitration hearings and explained about my right to get compensation of section 26 (3) (b) even though he rejects our arbitration request... Revenue and SRO were not maintained our Survey numbers in Form 4 to get Right Market Value Certificate..This activity has to be done before releasing notification of LA..here this is clear failure of administration by Collector/CALA but they want Market Value certificate for Right Price but SRO won't give due to lack of Form4 maintenance in their records... CALA has not accepted the Basic Rate of 4,50,000/- of print out that was taken from ap gov registration and stamps website... but same printouts of other villages MV value has been taken for their road works by NHAI and Director of NHAI also approved it..
Asked 1 year ago
You have good case on merits
you should get relief in HC
You can challenge the arbitration order under section 34 Arbitration Act in collective form. Howver, you farmers shall be required to established that prevailing rate in vicinity is seven lakh per acre as asserted by you. No WRIT is maintainable as there was already Arbitration to which you farmers have submitted and that too has been decided.
Dear Client,
Each individual has a distinct grievance, which necessitates filing separate writ petitions to address their specific concerns. However, the High Court has the option to consolidate these cases as a batch for collective consideration.
It's important to note that the revenue officials/collectors have adhered to the established rules while performing their duties. Therefore, they cannot be subject to defamation cases for carrying out their responsibilities. If you seek redressal for your grievances, you must approach the appropriate legal forum to address the issue against the collector.
Being well-informed about the latest rules and relevant rulings, you are encouraged to pursue your remedy through the appropriate legal channels in a proper manner.
This is discrimination in your case and can be considered by court in your favour
You have to write down all the grievances in the writ petition as your pleadings and express your inability due to non cooperation of the collector or the revenue department in this regard.
You may file a writ petition before high court against the award passed by the district collector and seek redressal.