Compensation component of the award passed after January, 2014 under the provisions of old Land Acquisition Act, 1894 while taking the property of the citizens has to be re-determined afresh in view of new law passed in 2013, holds the Hyderabad High Court

The High Court of Hyderabad on Tuesday declared that the compensation component of the award passed after January, 2014 under the provisions of old Land Acquisition Act, 1894 while taking the property of the citizens had to be re-determined afresh in view of new law passed in 2013.

 

(High Court of Judicature at Hyderabad)

 Justice P. Naveen Rao was allowing a batch of writ petitions filed by many persons from the twin cities who were losing properties to facilitate the Hyderabad Metro Rail. People whose properties were in Ameerpet and Secunderabad complained to the court that the final award fixing the compensation to be paid to them for the loss of properties was passed recently, after January 2014.

They averred that they were entitled for better compensation under provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The respondent authorities argued that the notification and inquiry were under the old Land Acquisition Act and the provisions of new Act could not be pressed into service now.

Justice Naveen Rao said the process of land acquisition need not begin afresh but the Acquisition Officer had to re-determine the compensation amounts. He was directed to issue notices to the petitioners, look into claims made by them in the light of beneficial provisions of the new 2013 Act, hear them and then pass award afresh. After the money was paid, the person whose properties were acquired will have four weeks’ time to vacate the premises.