Compensation from Govt for the building over leased land taken over by railways
COMPENSATION FROM GOVT FOR BUILDING TAKEN OVER BY RAILWAYS/CANTONMENT
1) A lease agreement for survey no 192/3 cantonment Varanasi was made between Governor-General For India In Council & our predecessor late on 31.08.1937 for a lease of 30 Years renewal upto 90 period.
2) The lease was renewed by sanction of General Officer Commanding -In-Chief, Central Command wef 12.05.1967 for next 30 years ie. upto 11/05/1997, on payment of annual lease rent of Rs 06.29.
3) Before the completion of the 30 years of renewed lease (ie. period from 12/05/1967 to 11/051997), the applicant again applied vide application dated 05/03/1997 for renewal of lease period of 30 years( ie for period from 12/05/1997 to 11/05/2027) on usual terms as per the original agreement of lease with governor -General for India in Council.
4) The lease was not renewed & it was intimated by Cantonment Executive officer, Cantonment Board Varanasi vide letter no. L-17/43/1047 dated 29/09/2021(attached) that lease couldn’t be renewed as the lease land has been transferred to Ministry of Railways by MOD Govt. Of India approval no..13015/06/2016D(Land) dated 24/07/2018.
5) The said land (survey no. 192/3 Varanasi cantonment) along with the authorized building was taken over by Northern Railways construction wing,Varanasi on 09/10/2021 for extension of Railway station.
6) As per the Land policy in cantonment areas issued vide no. F.11013/7/73/D(Land)/Vol.III, Govt. of India, MOD dated 18.06.1982, in event of refusal to renew the lease , construction on site will vest in Govt., and ex-gratia compensation equal to 59% of the value of authorized construction will be paid to the owner.
7) In line with the point no 6 above we have raised a claim for compensation of Rs22,02.146/- ( Twenty Two lakhs two thousand one hundred & forty six only)for the cost of authorized building ( 875 Sq. Ft) on the lease land taken over by Cantonment Board Varanasi/ Northern Railways. The claim is as per plinth area rate of CPWD for commercial building.
We have applied for the compensation vide letter dated 29/10/2021 & reminder dated 26/11/2021 but Cantonment Board Varanasi is not responding or paid the compensation.
In a grievance lodged with Cantinment they have asked us to claim with northern Railways who have taken over the land.
We have been paying house & water tax regularly to cantonment Board & have paid upto 31/03/2022.
Northern Railways is not responding.
What should we do now.