Sunday, 16 March 2008
Acquiring body should file the appeal
SLAO/Collector should not take decesion regarding filling appeal .Acquiring body should file the appeal immidiaetly in case enhancement ordered in reference under section 18 is not acceptable .. SLAO works as a facilitator to the acquiring body.Once award is declared his works mainly confines to payment of compensation . It is logic that who is aggrived should approach the court. For any amount of compensation awarded in reference under sec 18 , SLAO has no reason to be aggrieved as it is acquiring body who has to bear the same.As far as Land Acquisition Office at Panvel is concerned, one awwal karkun or SLAO has to attend the District Court or High Court daily as large number of References u/s 18 or appeals are pending.Existing machinary is unable to cope up with the work pressure and Court litigation. This office has acquired land for CIDCO for the development of Satellite Town- New Mumbai. As prices of the land on the periphery of Mumbai have sky-rocketted ,the farmers in the area are desperate to fetch higher price.Awarded compensation is accepted under protest and farmres are moving to the court.Mumbai is 50 KM away from Panvel whereas Alibaug where District Court is located is 60 KM.So farmers have easy access to both of these Courts.So number of references u/s 18 or appeals are comparatively high than the other offices. Appeal Memo are drafted by Solicitor Firms containing more than 20 pages (one sided).Replying the same becomes difficult in short peroid .( No comments about GP)Beside the acquisition for CIDCO is carried in the year 1970 to 1980, record is ill maintained. So some time getting the various record required for court work is trouble some.Man power at various Land Acqisition Offices is meagre one.It is heard that Government is in the phase perparing new staffing pattern for SLAO offices across the state. Hope proper strength is provided.Offices of SLAO are on temporay basis.Continuation is given for short period, i.e two months.So after every two months ,continuation proposal is required to be submitted to the governments. As per R& F department GR, SLAO offices are to be provided all amenities at par with SDO viz.Vehicle, telephone, Photo copying machine, computers -printers. I am not sure whether even telephones are provided to all offices.This is affecting the morale of the staff esspecially SLAO.Proposed LA(Amendment ) Bill 2007 is pending before the parliament regarding acquisition for the companies. I think certain sections should be inserted regarding the provision of appeal by the acquiring body or rule to that effect be made.In LA act , no principle is set regarding methods of determining compensations. As a result various valuations methods are being adopted and no uniformity is maintained for the same.This is one of the grave cause for inaccurate determination of compensation which gives rise to court litigation. Kiran Panbude.
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