Land Acquisition Compensation Name Mismatch in Uttarakhand
When land is taken for a road, a rail line or a project and the payment is held because the name in the award does not match the land record, your identity papers or your bank account: where the name comes from, which office corrects each paper, and what happens when the recorded holder has died.
A land acquisition compensation name mismatch is cured at the paper that is wrong. A slip in the award is corrected by the land acquisition office, the land record by the tehsil, and Aadhaar or the bank account at their own offices. Land in a late holder's name needs mutation by succession. No Gazette is needed for a spelling.
When land is acquired, the compensation is paid to the person the papers name, into a bank account in that name. A land acquisition compensation name mismatch stops the payment at the last step, often after years of waiting. This page explains land acquisition compensation name mismatch for landholders in Uttarakhand, and where each paper is put right.
We do not deal with land acquisition offices, tehsils or courts, and this subject seldom needs a Gazette. The provisions quoted are from the published text of the two central Acts. We did not read the state's own rules or any office's checklist. For the land record itself, read name correction in khatauni and land records.
What Is an Acquisition, and Who Is Paid?
- What it is. The Government takes private land for a public purpose, such as a road, a rail line, a power project or a town scheme, and pays the owner for it.
- Two laws. Most acquisitions follow the central land acquisition Act of 2013. Land for a national highway is taken under the National Highways Act, 1956, which has its own procedure.
- Who runs it. Under the 2013 Act, the Collector, usually through a land acquisition officer. For a highway, an officer named as the competent authority.
- The award. The officer's order that fixes the amount for each plot and names who is to receive it.
- The payment. Sent to the bank account of each person the award names.
The officer does not know the owners. He knows the land record. A person is paid because a paper names that person, and for no other reason.
What Do the Two Acts Say?
From the published text of the two central Acts. A state can make its own rules under them, and we did not read this state's. Confirm with the land acquisition office.
| Act | Provision | What it says |
|---|---|---|
| The 2013 Act | Section 33 | The Collector may correct a clerical or arithmetical mistake in an award within six months of it, or before a reference is made, on his own motion or on an interested person's application |
| The 2013 Act | Section 75 | Where several persons are interested and agree on their shares, the award records the shares |
| The 2013 Act | Section 76 | A dispute over shares, or over the persons to whom the amount is payable, may be referred by the Collector to the Authority |
| The 2013 Act | Section 77 | The Collector pays the persons entitled under the award by depositing the amount in their bank accounts. Where there is a dispute over the title to receive it, or nobody competent to receive it, he deposits it with the Authority |
| The National Highways Act | Section 3G | Before fixing the amount, the competent authority gives public notice in two local newspapers inviting claims from all persons interested in the land |
| The National Highways Act | Section 3H | The competent authority pays the persons entitled and decides, where several claim, who in its opinion is to receive. A dispute over shares or over the person payable is referred to the principal civil court of the area |
Read section 77 closely. The money goes into a bank account, in the name the award carries. And where the right to receive it is in doubt, the officer does not choose between claimants. He deposits it and lets a judicial body decide.
Where Does the Name in the Award Come From?
- The land record. The office takes the khata and plot numbers of the land to be acquired, with the recorded holders and their shares.
- The notification. The plots are published with those names.
- Claims and objections. Persons interested are called to state their interest. This is the stage to say that a name is wrong or a holder has died.
- The award. Made from the record as it stands after that hearing.
- The payment list. Drawn from the award, with each payee's bank details.
- The bank. Credits an account whose name matches the instruction.
A spelling that has sat harmlessly in a khatauni for forty years is copied into every paper down this chain. It costs nothing until the day the bank compares it with Aadhaar.
What Kinds of Mismatch Are There?
The award against the land record
- The khatauni is right, and the award or the payment list was typed wrongly
- A clerical mistake of the acquiring office
- Corrected by that office, on a copy of the land record
The land record against your identity
- The khatauni carries an old spelling, a home name or a short form
- Aadhaar, PAN and the bank carry another
- Corrected at the tehsil, or at the identity office, whichever is wrong
The recorded holder is not the person claiming
- The holder has died, or the land was bought and never mutated
- This is a question of succession or title, though it is often called a name problem
- Settled by mutation at the tehsil, and by a court where the heirs disagree
The first two are spellings. The third is about who owns the land, and no correction of a name will answer it.
Which Case Is Yours?
| The situation | Route | Gazette? |
|---|---|---|
| The award misspells the name, and the khatauni is right | An application to the land acquisition office to correct its entry | No |
| The khatauni has a wrong spelling | A correction at the tehsil, then the corrected copy to the office | No |
| The khatauni has a short form or a home name | The same, with older papers that show both forms are one person | No |
| Aadhaar is the wrong one | Correct Aadhaar to the land record | No |
| The bank account is in a different form of the name | The bank corrects its record | No |
| The recorded holder has died | Mutation by succession, and the heirs' papers to the office | No |
| The heirs or co-sharers disagree | Deposit and reference. A lawyer's matter | No |
| The owner has changed a name by choice | Gazette, then Aadhaar, PAN, the bank and the land record | Yes |
A Gazette answers one row in eight. It cannot be had in the days a payment file allows, so know early which row is yours.
How Do You Put It Right?
This is the general method. Ask the land acquisition office for its own form and list.
Step 1: Get a copy of the award entry or the payment list for your plot
From the land acquisition office. Note the khata and plot numbers, the name and the share.
Step 2: Take a current copy of the khatauni
The award is drawn from it, so read the two against each other.
Step 3: Lay Aadhaar, PAN and the passbook beside them
Write the name and the father's name from each.
Step 4: Decide where the difference lies
In the award only, in the land record, in your identity papers, or because the holder has died.
Step 5: Have the wrong paper corrected at its own office
The khatauni at the tehsil, Aadhaar at an Aadhaar centre, the account at the bank.
Step 6: Apply in writing to the land acquisition office
State the entry as it stands and as it should read, with copies of the corrected papers.
Step 7: Give bank details in exactly the corrected name
With whatever identity and tax papers the office lists.
Step 8: Keep the receipt and follow up in writing
Ask what stage the file is at, and if the amount is with the office or has been deposited elsewhere.
Which Papers Should You Carry?
The office decides what it needs. We could not confirm this state's checklist. These are the papers such a file usually rests on.
For a spelling
- A current copy of the khatauni
- The award entry or the notice you received
- Aadhaar and PAN
- The bank passbook or a cancelled cheque
- Older papers that carry the name, such as a school certificate or an earlier land record
- An affidavit that both forms are one person, where the office asks
Where the holder has died
- The death certificate
- The mutation order, or proof that it is applied for
- The family register extract or the heirs' certificate the office accepts
- Each heir's identity papers and bank details
- The heirs' written agreement on shares, where they agree
An affidavit supports a correction. It does not replace one. Read name spelling correction affidavit and name correction in the family register.
What If the Land Is in a Late Holder's Name?
- In the hills a field often still stands in the name of a father or a grandfather who died long ago. The family farms it and nobody applied for mutation.
- The acquiring office reads the record and finds a dead man. It cannot pay him, and it does not know his heirs.
- The heirs apply at the tehsil for mutation by succession, which brings them on record with their shares.
- Where the heirs are many and scattered, with some in the plains or abroad, this takes time. Start when the first notification appears, not when the award is made.
- Tell the land acquisition office in writing that the holder has died and that mutation is applied for, with the death certificate. That puts the claim on its file.
- A daughter or a widow among the heirs often has papers in a different surname. Her link to the holder is shown by the family register and her marriage certificate.
Read name correction in a death certificate and legal heir certificate and will and probate name mismatch.
What Happens When the Money Is Deposited?
- Why it happens. Two people claim the same share, the heirs do not agree, or the office cannot tell who is entitled.
- Under the 2013 Act. The Collector deposits the amount with the Authority set up under the Act and may refer the dispute to it.
- For a highway. The competent authority refers the dispute to the principal civil court of the area.
- What the body decides. Who is entitled, and in what shares. It hears every claimant.
- What it means for you. The money is safe, and it is not yours until the order is made.
A mere spelling should not reach this stage. Where it has, because nobody corrected the papers in time, the same proof is shown to the Authority or the court. That is a lawyer's work, not ours.
What About the Bank Account and PAN?
- The Act has the amount paid by deposit into the bank accounts of the persons entitled. Each payee gives an account of his or her own.
- The account's name should read as the award does. A bank returns a large credit whose name does not match.
- Co-sharers are paid their own shares. One brother's account does not receive for all unless the others authorise it in the way the office accepts.
- Offices commonly ask for PAN. Where tax is deducted from a payment, the deduction is credited against that PAN, and a PAN in another name sends the credit astray.
- We do not advise on tax. Ask a tax adviser what applies to your land and your award.
- A sum this size invites touts. Nobody can "release" a payment for a fee. The file moves when the papers match.
Read name change in bank records and name change in PAN card.
What About Owners Who Live Away?
- Many holders of hill land live in Dehradun, Delhi or abroad, and learn of an acquisition from a relative.
- Notices go to the address the record has. Ask a relative in the village to watch for them, and give the office a current address in writing.
- A relative can act for an absent owner on a registered power of attorney. It has to name the owner exactly as the land record does, or it adds a second mismatch.
- An owner abroad is often known by the passport name. Where that differs from the khatauni, settle which paper is to change before any form is signed.
- Identity papers made in another state in a different spelling are corrected there, or the land record is corrected here. One of them has to move.
Read power of attorney name mismatch and name change for NRIs from Uttarakhand.
Where Does a Gazette Come In?
Only where a living owner has changed a name by choice, so that the land record carries the old name and every identity paper the new one. It does nothing for a spelling, and nothing for land in a dead holder's name.
Step 1: Confirm that it is a change of name, and not a spelling, a mutation or a dispute
Those are settled at the tehsil, the land acquisition office or a court.
Step 2: Start early
A Gazette commonly takes 3 to 7 weeks, and a payment file can move in that time.
Step 3: Fix the exact new name, and copy the name as the land record has it
Letter by letter.
Step 4: Make the affidavit and publish the newspaper notice
Sign before a notary. Publish in a daily local leading newspaper, and keep the original newspaper.
Step 5: Type the form and sign the undertaking
Two typed copies of the specimen, signed in your old name with two witnesses, and the undertaking.
Step 6: Prepare the CD, photographs and certificate
The same text on a CD in MS Word, two self-attested photographs with identity proof, and a certificate that both copies match.
Step 7: Pay the charge on BharatKosh
Commonly Rs 1,100 for an adult. It is not refunded.
Step 8: Send the file yourself, then update Aadhaar, PAN, the bank and the land record
Send it to the Controller of Publications, Department of Publication, Civil Lines, Delhi 110054. Give the land acquisition office the Gazette with the updated papers.
Would the Uttarakhand Gazette Do?
The tehsil and the land acquisition office are state offices and may accept it. Aadhaar, PAN and the bank are the reasons to prefer the Gazette of India.
Step 1: Ask the land acquisition office and the tehsil which Gazette they accept
In writing, if you can.
Step 2: Think about Aadhaar, PAN and the bank
The Gazette of India serves them all.
Step 3: Contact the Roorkee press
Take the contact from govtpress.uk.gov.in and ask if a private change of name notice is being accepted.
Step 4: Ask for the papers, the format and the fee, and submit
Keep photocopies of everything.
Step 5: Download the notice
Search gazettes.uk.gov.in and save the PDF.
To weigh the two, read Uttarakhand Gazette vs Gazette of India.
Which Mistakes Do Landholders Make?
| Mistake | What to do |
|---|---|
| Not reading the notification when it is published | Check your plot and your name that day |
| Waiting for the award to mention a dead holder | Apply for mutation at the first notice |
| Asking the acquiring office to correct the khatauni | The tehsil corrects the land record |
| Paying for a Gazette to fix a spelling | Each paper is corrected at its own office |
| Expecting a Gazette to make an heir the owner | Only mutation by succession does that |
| Giving a bank account in a different form of the name | Bring the account to the award's name first |
| One heir taking the whole amount | Each is paid a share. The Act keeps him liable to the others |
| A power of attorney that names the owner differently | Copy the name from the land record |
| Paying a tout to "release" the amount | Nobody can. Correct the papers |
A typical case we handle: a family near Rudraprayag was told its compensation for a strip of road land could not be paid. The khatauni had the holder as "Bachan Singh", and his Aadhaar and bank account read "Bachan Singh Rawat". His son asked us for a Gazette. He did not need one, since the name had never changed. The tehsil added the surname on his school certificate and an old land record, and the land acquisition office then released the payment on the corrected khatauni. This is an illustrative example of the type of case we handle, not a named client review.
What is a lawyer's job, not ours
A dispute among heirs or co-sharers, a reference to the Authority or the civil court, a challenge to the amount, and any claim that the wrong person was paid.
When you do not need us
For a spelling in the award, the khatauni, Aadhaar or the bank, and for land in a late holder's name. Each is settled at its own office. We are useful only where a living owner has changed a name by choice, and a Gazette notification is needed to link the land record to the present name.
Which Areas of Uttarakhand Do We Cover?
All 13 districts: Dehradun, Haridwar, Pauri Garhwal, Tehri Garhwal, Rudraprayag, Chamoli, Uttarkashi, Nainital, Udham Singh Nagar, Almora, Bageshwar, Champawat and Pithoragarh. The award is corrected at the land acquisition office and the land record at your tehsil. For the papers behind them, send photos on WhatsApp and we will tell you which one to correct.
People Also Ask About a Name in Land Acquisition Compensation
How do I correct my name in a land acquisition award?
Apply to the land acquisition office, with a copy of the land record.
Why is my land compensation not being paid?
Often the award, the land record and the bank account carry different names.
Who gets the compensation if the owner has died?
The heirs, once they are on record or have shown their right.
What happens if heirs dispute the compensation?
The amount is deposited and the dispute referred for decision.
Is a gazette needed for a land compensation name mismatch?
No. Only where the owner has changed a name by choice.
Into which account is land compensation paid?
The bank account of each person the award names.
Is land acquisition compensation taxable?
Section 96 of the 2013 Act exempts compensation under an award or agreement from income tax and stamp duty, except for awards under section 46. Ask a tax adviser about your own case.
Does the tax exemption cover land taken for a national highway?
High Courts have held that it does. A central order of 2015 applied the 2013 Act's compensation provisions to the Fourth Schedule laws, including the National Highways Act, from 1 January 2015.
What is CBDT Circular 36 of 2016?
A Central Board of Direct Taxes circular clarifying that compensation exempt under section 96 of the 2013 Act is not taxable under the Income-tax Act either.
Is interest paid if the compensation is late?
Under section 80, where the amount is not paid or deposited by the time possession is taken, interest runs at 9% a year from possession, and at 15% for any period beyond one year.
What is solatium in land acquisition?
An extra sum the 2013 Act adds to the compensation, equal to 100% of the market value of the land and its assets, for the compulsory nature of the acquisition.
When did the 2013 land acquisition Act come into force?
On 1 January 2014. It replaced the Land Acquisition Act, 1894 for acquisitions started after that date.
Find Out Which Paper to Correct
Send photos of the notice or award entry, the khatauni, Aadhaar and the passbook. We will tell you, free, where the difference lies and which office corrects it. For most of these cases there is nothing to pay us for, and we will say so.
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Land Acquisition Compensation Name Mismatch: Frequently Asked Questions
What is a land acquisition compensation name mismatch?
Where does the name in the award come from?
The award misspells my name, and the khatauni is right. What do I do?
The khatauni itself has the wrong spelling. Where do I go?
Do I need a Gazette or an affidavit?
The land is in my late father's name. Who is paid?
My brothers and I do not agree on the shares. What happens to the money?
Can the land acquisition office decide a dispute between heirs?
Into whose account is the compensation paid?
My bank account is in a short form of my name. Will that matter?
Is PAN needed?
I live outside the state. Do I have to come?
Is there a time limit for correcting an award?
Is a highway acquisition different?
Can a Gazette put a dead man's land in my name?
Do you deal with the land acquisition office or the courts?
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Who Wrote and Reviewed This Page?
This page is written by the Documentation Desk Team of UttarakhandNameChange.com, the team that prepares Gazette files for people across Uttarakhand.
It is reviewed by Advocate Vipin Chauhan.
The provisions on correcting an award, on shares, on disputes and on payment into bank accounts are from the published text of the central land acquisition Act of 2013. Those on highway land are from the National Highways Act, 1956. We did not read this state's rules under either Act, or any land acquisition office's checklist or form. The papers to carry, the notes on late holders, absent owners and the bank are general guidance, and we give no advice on tax. The land acquisition office and your tehsil are the authority.
Official Sources
- India CodeThe land acquisition Act of 2013 and the National Highways Act, 1956.
- Department of Land ResourcesThe central department for the 2013 Act.
- Bhoomi RashiThe highways ministry's land acquisition portal.
- Bhulekh, UttarakhandA current copy of the land record.
- Department of Publication: Change of Name and Public NoticesThe change of name guideline, for a real change of name.
A Name in Land Compensation: The Short Version
The award takes its names from the land record, and the money goes into a bank account in the name the award carries. Read the notification when it comes. A slip in the award is corrected by the land acquisition office, the khatauni by the tehsil, and Aadhaar or the account at their own offices. Land in a late holder's name needs mutation by succession. A dispute sends the money into deposit until a judicial body decides.
None of that needs a Gazette. To find out which paper to correct, send photos on WhatsApp 9540005064, and we will reply in working hours.
The Award Follows the Land Record. Read Both Early.
Send the notice, the khatauni and your identity papers on WhatsApp. We tell you, free, which one to correct.