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Business Owners need to understanding the Legal Process, if at all their properties ought to be acquired by RAILWAYS!!!
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Contenuto fornito da Advocate Hussain Nalwala. Tutti i contenuti dei podcast, inclusi episodi, grafica e descrizioni dei podcast, vengono caricati e forniti direttamente da Advocate Hussain Nalwala o dal partner della piattaforma podcast. Se ritieni che qualcuno stia utilizzando la tua opera protetta da copyright senza la tua autorizzazione, puoi seguire la procedura descritta qui https://it.player.fm/legal.
Statutorily, there are 2 [Two] Acts/ Laws applicable:
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; [‘RFCTLARR Act’]
- The Railways Act, 1989 ['Railways Act'].
Under the 'RFCTLARR Act':
- The Competent Authority verifies the land ought to be acquired;
- A Social Impact Assessment is conducted by the concerned Govt. Department;
- The Social Impact Assessment Report is reviewed by the respective Government Departments;
- Once approved, a Public Notice is published in the Official Gazette as well as designated Local Newspapers;
- A 60 [Sixty] Days period is provided to all concerned parties, to raise objections against such acquisition;
- Thereafter a package for resettlement, rehabilitation and compensation is derived by the Government;
- A Paper Publication is issued revealing the ultimate declaration of acquisition;
- Finally, the possession of the lands is taken by the Government.
Under the 'Railways Act':
- The Competent Authority surveys the land ought to be acquired;
- An evaluation of damages is derived during the Survey;
- Hearings of any Objections against the acquisition are transpired between the Business Owners and the Government;
- A Paper Publication is issued revealing the ultimate declaration of acquisition;
- Determining Fair Market Value of the land for awarding compensation;
- Terms and conditions for tendering payment of compensation is decided;
- Finally the Government gains full right on the land for utilizing it for the purpose it has been acquired;
Business Owners whose land or property is to be acquired, need to consider the following:
- Whether Business Owners have any grounds basis which Business Owners could raise objections against the proposed acquisition?
- Whether the grounds for raising objections against such acquisition can stand against the need for social welfare and national development;
- In an inevitable scenario, whether Business Owners could challenge the Government for awarding a higher value against such acquisition, versus the Fair-Market-Value derived by the Government?
- Whether Business Owners will have to relocate their operations partially or wholly, within or outside the current premises?
- Whether Business Owners will have to go in for re-sanctioning of plans from Regional Development Authority and up-to what extent?
- Whether Business Owners will have to re-construct any portion of the built-up premises that shall supposedly be acquired by the Railways?
- Whether Business Owners shall face any financial loss, in terms of day-to-day business activities?
- Whether any access points (or) easmentry rights are being adversely affected, due to such acquisition?
- What shall be the time frame within which the entire acquisition process is going to be culminated?
A simple feeder on a complex legal issue, where Public Interests overlap Private Rights, through an inevitable medium, the GOVERNMENT!
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