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Tony Panagat
in Property Law Civil Law
Asked August 15, 2017

Additional compensation to farmers from allottees

  • 1 Answer

In 2013, I got house registered in my name and allotted in my name in 2007 by Greater NOIDA authority. In the meantime Farmers whose land was taken by the authority went to court . The Allahabad High court has ordered the authority to pay additional compensation to the farmers. This judgment was challenged in the Supreme Court which upheld the High Court order besides rejecting the plea of farmers to return their land. The authority is demanding this additional compensation from allottees. Kindly clarify their right as they are claiming that they work on no profit & loss basis.

Answer 1

You are not bound to pay any compensation to the farmers as you have been allotted the land via an independent contract and hence, are not affected by any dispute between the farmers and the authority. Government can use the acquired land only for the purpose for which it had been acquired initially, i.e., if it had been acquired for industrial purpose then it cannot transfer the same to a private individual. Hence, in this case if there has been any discripancy from the side of the authorities, for instance if the land was acquired form some other specific purpose, then your allotment and registration may become null and void. Moreover, the new land acqusition law guarantees compensation of four times’ the market value in rural areas and twice the market value in urban areas. Those who own the land and those whose incomes depend on it, are also to be compensated. Hence, you position may be challenged even in case of failure on the part of the authorities to provide the directed compensation amount. In such scenarios, where your allotment and registration is challenged, you are entitled to seek compensation from the authorities instead, as you have been allotted the land via a legal and valid contract and any breach by the other party stands to be compensated. Thus, you cannot be held liable to contribute towards the directed compensation for the farmers, rather you may seek compensation if your title over the land is violated at any point.

Agree Comment 0 Agrees over 3 years ago

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