Question : COMPENSATION TO LAND OUSTEES



(a) whether compensation is provided on the basis of local registry against the acquisition of land for the construction of national highways;

(b) if so, whether consent of the farmers is obtained before acquisition of land;

(c) if not, the rationale behind giving compensation to them on the basis of local registry; and

(d) the criteria laid down for giving compensation to the farmers for acquisition of their land alongwith details thereof?

Answer given by the minister

THE MINISTER OF STATE OF THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MAJOR GENERAL (RETD.) B.C. KHANDURI)

(a) to (d) A statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO. 315 FOR ANSWER ON 12.3.2003 ASKED BY SHRI AVTAR SINGH BHADANA REGARDING COMPENSATION TO LAND OUSTEES.

(a) The amount of compensation to be paid is decided by the Competent Authority mainly on the following basis and not on the basis of local registry alone:-


(i) the market value of the land on the date of publication of the notification;

(ii) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;

(iii) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

(iv) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.


(b) Opportunity is given to the affected land owner to raise objections, if any, before the Competent Authority.

(c) Does not arise.

(d) The criteria for giving compensation depends on various factors as stated in part (a) above.