Enchroachment by pwd in land owners property
manoj joshi
(Querist) 16 November 2013
This query is : Resolved
respected members
i want to ask a serious question
in our area in uttarakhand pwd dipartment is broadining its roads in city internal roads
regarding this they r coming wtih huge government servants like s.d.m/tehsildar.patwari revinue officers police,
and doing marking demarkation in houses of people which are adjoining to roads and who are land owners having registered land in there name
now ther r saying that we r broadning the roads n will break your houses situsted there
all the people shown there land papers but they r not considering it at all
whats the accute remedy for this illegal action/operations of state/d.m., s.d.m
prabhakar singh
(Expert) 16 November 2013
If the constructions are according to the sanctioned plan and proper ownership and title papers are there then writ is the remedy.
Sudhir Kumar, Advocate
(Expert) 16 November 2013
even in sanctioned plan the acquisition of land with compensation is a must.
malipeddi jaggarao
(Expert) 17 November 2013
If the owners loose their land in the process of developmental work of the Government, they will be entitled for compensation only.
Rajendra K Goyal
(Expert) 17 November 2013
For broadening of the Roads any land used owned by some private person, due procedure has to be obtained, if not adopted legal procedure can be adopted.
manoj joshi
(Querist) 17 November 2013
thanks to all
how many days can be taken in writ pitition to get order
Raj Kumar Makkad
(Expert) 17 November 2013
None can anticipate the time meant for the purpose in the high court but generally in genuine cases, it gets done within a week.
T. Kalaiselvan, Advocate
(Expert) 19 November 2013
The government generally takes appropriated steps to give wide publicity through news media for acquisition of land for the road or other developmental activities which is in the interest of public/nation and the compensation procedures, quantum etc., thereon. If the ordnance is promulgated and government is taking steps to acquire the lands, one has no option than to receive the compensation announced of course, a case can be represented for enhancement of compensation keeping the present cost of the land into consideration.
adv. rajeev ( rajoo )
(Expert) 20 November 2013
If the broadning work is not in accordance with law, you can file suit for permanent injunction or if there is any order then challenge it in the high court.
