CBD Belapur, Navi Mumbai +91 91373 40133 [email protected]

Land Acquisition

Advice and representation for landowners and affected families when land is acquired by the Government, CIDCO or other authorities — from objections to fair compensation and rehabilitation.

Overview

The Counsel assists landowners, farmers, families and businesses whose land is proposed for acquisition for public projects, infrastructure or urban development in Navi Mumbai, Raigad, Thane and surrounding districts.

We review acquisition notifications, file objections within the statutory time, represent clients before the Collector and land acquisition authorities, and pursue claims for fair compensation, rehabilitation and resettlement benefits. Where the award is inadequate, we seek enhancement before the appropriate authority and courts.

Services

Objections to Acquisition Notifications
Compensation Claims & Valuation Disputes
Enhancement of Compensation References
Rehabilitation & Resettlement Claims
Social Impact Assessment Hearings
CIDCO / MIDC / Government Acquisitions
Apportionment Disputes between Claimants
Writ Petitions before the Bombay High Court

Land Acquisition Process — Key Stages

1

Social Impact Assessment

For acquisitions under the 2013 Act, a Social Impact Assessment is generally carried out with public hearings in the affected area before the acquisition proceeds.

2

Preliminary Notification

The appropriate Government publishes a preliminary notification identifying the land proposed to be acquired.

3

Objections & Hearing

Interested persons may file objections within the period allowed in the notification. The Collector hears the objections and makes a report.

4

Declaration

If the Government is satisfied, a declaration is published that the land is needed for a public purpose, along with the rehabilitation and resettlement scheme.

5

Award

The Collector determines market value, compensation and rehabilitation entitlements and passes the award.

6

Reference for Enhancement

A person who does not accept the award may seek a reference to the Land Acquisition, Rehabilitation and Resettlement Authority, and appeal further to the High Court.

Time Limits Are Short

Objections and applications for reference must be filed within strict statutory periods counted from the notification or award. Consult an advocate as soon as you receive a notice concerning your land.

Applicable Legislation

  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
  • Maharashtra Land Revenue Code, 1966
  • Maharashtra Regional and Town Planning Act, 1966
  • Constitution of India — Article 300A and Article 226

Frequently Asked Questions

How is compensation calculated?
Under the 2013 Act, compensation is based on the market value of the land, the value of assets attached to it such as buildings and trees, and a solatium. In rural areas a multiplier is applied to the market value. Rehabilitation and resettlement entitlements are additional to compensation.
Can I object to the acquisition of my land?
Yes. After the preliminary notification, any interested person can file objections within the period stated in the notification, for example on the area or suitability of the land, or on the public purpose. The Collector must hear the objections before reporting to the Government.
I am not satisfied with the award. What can I do?
You can apply for a reference to the Land Acquisition, Rehabilitation and Resettlement Authority within the prescribed time, and appeal its decision to the High Court. Accepting compensation under protest preserves your right to seek enhancement.
Do I need documents to claim compensation?
Yes. Title documents, 7/12 extracts or property cards, mutation entries, and records of structures, trees or business on the land help establish ownership and the value of your claim. We help collect and present these records.