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Losing my house and livelihood to a project
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- Did you lose a house or your livelihood? Both
Where you stand
- In your favour Compensation includes a solatium equal to the amount fixed, plus interest for delay.
Papers to gather
- All notifications and notices (preliminary, declaration, award)
Deadlines run from these dates. Where: Gazette, newspaper, notice served. - Title and revenue records of the land
Basis of compensation. Where: Revenue office. - Proof of trees, wells, buildings and crops on the land
These are compensated separately. Where: Photos, valuation, records. - Proof of livelihood or residence on the land
Needed for rehabilitation entitlements. Where: Ration card, voter ID, income records.
You may also need, depending on your answers
- The award and calculation sheet — Needed to seek enhancement.
- Sale deeds of nearby land at higher prices — The strongest proof for higher compensation.
- Written application for reference / arbitration against the award — Short deadline after the award.
What the law says
Most acquisitions follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: a preliminary notification, objections, a declaration and an award by the Collector, with compensation based on market value multiplied by a factor, plus a 100% solatium and rehabilitation entitlements. If you do not accept the award, you can ask for a reference to the Land Acquisition Authority under Section 64 — generally within six weeks of the award if you were present, or within six months otherwise. National Highway acquisitions follow the National Highways Act, 1956, where compensation disputes go to an arbitrator. Some states buy land by consent under their own laws.
General information, not legal advice.
Saboot will also ask
- At what stage is it?
- For what project?
Similar situations
- Government notice to take my land for a highway
- Compensation for acquired land is too low
- Land acquired but compensation not paid
- Railway project taking my land
Sources
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- National Highways Authority of India
- NALSA — free legal aid
The full guide: The government is taking my land — acquisition, compensation or rehabilitation · All situations