Lawfarm Team
in Property Law Civil Law Administrative Law
Asked July 15, 2017

Process of Land Acquisition of property by NTPC

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This is with reference to land acquisitions case.A notification was issued for acquisition of land under section 4 for construction of Kol Dam District Bilaspur but only my land was left out.Several communications were made before appropriate authorities finally on response joint inspection of the land in question was conducted by LAC kol Dam and officers from NTPC and it has been conveyed to the NTPC that the land was required to be acquired but NTPC ignore the inspection survey and refuse to acquire the same. My house is only that along with other surrounding acquired land my land should also be acquired otherwise it serve no useful purposes to me being of small portion. Kindly help me on this issue with supporting case law.

Answer 1

There is a fixed procedure which is followed for acquiring land.[1] A Social Impact Assessment Report is made by a group of experts to determine the land to be acquired, the Resettlement and Rehabilitation Policy etc.  If this process is not followed, then any land acquisition can easily be challenged in Court.

In the case of M.P Patil v. Union of India, [2] the National Green Tribunal adjudicated upon similar issues. In that particular case, the NTPC had gone beyond the Terms of Reference prepared by the MoEF which was having adverse effects on the environment. The Resettlement and Rehabilitation policy was also not clear. The NGT gave them 6 months time to prepare the report again as NTPC had hidden certain facts.

In the present case, since the survey had clearly mandated the acquisition of that particular land, the NTPC cannot leave that land or not resettle or rehabilitate without any rationale behind it. If you can show that leaving out this particular land can also have adverse effects on your living or will prejudice the environment in any way, the case will be stronger.

 

 

[1] https://www.linkedin.com/pulse/procedure-land-acquisition-under-new-act-2013-from-private-patnaik

[2] https://indiankanoon.org/doc/58003943/

 

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