Know Your Rights: Landowner's Case Offers Insights on Acquisition.
09 May 2024
Land Acquistion >> Property & Real Estate | Property/Real Estate Law >> Property & Real Estate | Sale Deeds >> Property & Real Estate
A landowner in Urukere village has finally reached the end of a legal battle spanning over two decades. S. Nagaraj challenged the National Highways Authority of India (NHAI) acquisition of his land for highway widening, claiming inadequate compensation and seeking to reverse land sales.
The dispute began in 2000 when NHAI notified Nagaraj of their intent to acquire 6 guntas (roughly 20,000 sq. ft.) of his land. He received compensation based on the initial rate but later successfully challenged it through arbitration, securing a higher price.
Nagaraj faced a similar situation with an additional 2 guntas (around 6,800 sq. ft.) in 2006. He initially sold the land to NHAI but later received additional compensation after arbitration raised the rate. However, Nagaraj disagreed with the compensation offered for the remaining 1 gunta (approximately 3,400 sq. ft.) which NHAI had already taken possession of around 2001.
This one-gunta dispute became the crux of the legal battle. Nagaraj contested the acquisition notifications for all his land (9 guntas) and the sale deed for the 2 guntas. He demanded higher compensation for the disputed gunta and damages from NHAI.
The courts, however, ruled against Nagaraj. He had already received compensation (including the arbitration increase) for both the initial 6 guntas and the disputed 1 gunta. Additionally, having executed the sale deed and received payment for the 2 guntas, he could not challenge it.
The verdict highlights the importance of understanding land acquisition procedures and compensation rights. While Nagaraj ultimately secured a higher compensation rate, the legal battle stretched over two decades.