An Estate Surveyor and Valuer ESV Adah George MNIVS, said there are so many challenges of compensation in acquisition of land for infrastructural development in Abuja.
ESV George made this know in Abuja, yesterday.
He described compensation as a lump sum paid to whose interest is revoked for overriding public interest and is meant to place the affected person in the position he was before the acquisition but not worse off.
“It is to compensate for loss sustained as a result of the compulsory acquisition. Compensation is complementary to infrastructural development because without the payment of compensation the provision of infrastructure will not be possible as a result of protest and it is even a right under the constitution for affected individuals to be compensated according to sec 29 subsection 1 & 2 of the Nigerian constitution.
“Meanwhile sec. 29 subsection 4 stated the head of claims( items to be paid for) when a land is acquired which are Land( Ground rent paid in the year of of revocation), crops and economic trees, structures, installations and any other improvements on the land( as long as evidence of the expenses can be tendered)”, He said .
He explained that the influx of people from every part of the country to Abuja exert more pressure on the available infrastructure, therefore the need for the revocation of rights of occupancy on land for overriding public interest (according to sec. 28 of Land Use Act of 1978). However the Land Use Act of 1978 as enshrined in the constitution stipulates the payment of compensation to whose interest in the land that is revoked and compulsorily acquired for overriding public interest.
However,he said the process of compensation is procedural as due process is always adopted in taking cognizance of the provisions of the Land Use Act. But the success of the procedure cannot be without challenges which are as follows:
Lack of transparency in the service of notice of acquisition and revocation , public awareness and prompt payment of compensation ,
Land acquisition law does not recognise squatter settlement or informal occupant of land for compensation, as the requirements needs to especially for structures for compensation
– Approved building plans
– Right of Occupancy
– Proof of identity
– passport photograph
Others are Inadequacies arising from the sum of the compensation payable due to method of valuation stipulated by the Land Use Act.
Inadequate funding of the department statutorily responsible for compensation payments especially for government projects which always lead to delays in payment and
Provision was not made for injurious affection, disturbance severance to mention just a few which culminates to under payment of compensation to the claimants and
Non review of approved rate of items to commensurate with inflation.
He recommended a solution to the identified problems, such as The process of acquisition should be strengthed and transparent in the area of service of notice and awareness.
There should be timely provision of funds to avoid delay in payment of compensation
There should be regular reviews of the approved rates to take care of inflation.
The provisions of the Land Use Act of 1978 about adoptable method of valuation should be reviewed by the National Assembly to avoid litigations and the acquiring authority should strengthen their data processing to avoid further delay of work and payment.
He concluded that compensation payment is complementary to infrastructural development in Abuja, there is need for compensation to be paid to the affected claimants
