Business Owners need to understanding the Legal Process, if at all their properties ought to be acquired by RAILWAYS!!!

Legal Insights by Advocate Hussain Nalwala

Statutorily, there are 2 [Two] Acts/ Laws applicable:

1. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; [‘RFCTLARR Act’]
2. The Railways Act, 1989 ['Railways Act'].

Under the 'RFCTLARR Act':

1. The Competent Authority verifies the land ought to be acquired;
2. A Social Impact Assessment is conducted by the concerned Govt. Department;
3. The Social Impact Assessment Report is reviewed by the respective Government Departments;
4. Once approved, a Public Notice is published in the Official Gazette as well as designated Local Newspapers;
5. A 60 [Sixty] Days period is provided to all concerned parties, to raise objections against such acquisition;
6. Thereafter a package for resettlement, rehabilitation and compensation is derived by the Government;
7. A Paper Publication is issued revealing the ultimate declaration of acquisition;
8. Finally, the possession of the lands is taken by the Government.

Under the 'Railways Act':

1. The Competent Authority surveys the land ought to be acquired;
2. An evaluation of damages is derived during the Survey;
3. Hearings of any Objections against the acquisition are transpired between the Business Owners and the Government;
4. A Paper Publication is issued revealing the ultimate declaration of acquisition;
5. Determining Fair Market Value of the land for awarding compensation;
6. Terms and conditions for tendering payment of compensation is decided;
7. 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:

1. Whether Business Owners have any grounds basis which Business Owners could raise objections against the proposed acquisition?
2. Whether the grounds for raising objections against such acquisition can stand against the need for social welfare and national development;
3. 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?
4. Whether Business Owners will have to relocate their operations partially or wholly, within or outside the current premises?
5. Whether Business Owners will have to go in for re-sanctioning of plans from Regional Development Authority and up-to what extent?
6. Whether Business Owners will have to re-construct any portion of the built-up premises that shall supposedly be acquired by the Railways?
7. Whether Business Owners shall face any financial loss, in terms of day-to-day business activities?
8. Whether any access points (or) easmentry rights are being adversely affected, due to such acquisition?
9. 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!