Gaothan land
sanjay
(Querist) 14 November 2012
This query is : Resolved
The MIDC has acquired 158 acre agricultural land from the farmers of village in 1984.In these area there is 53 guntha gaothan land is there in which two structures are standing one is house having grampanchyat assesment for 40 years total tax till today is paid another is school building for adivasi children. Midc has paid compensation to house owner for his adjusant agricultural land but not for his house and land belongs to side by house which was in his possession. Now the 90 acres of land is allotted to one company. This piece of land is in the middle of the plot which is allotted on as is where is basis Midc and company are torturing the farmer to vacant the land and house. suggest the remedie can suit for permanant injuction be filled against Midc and company or declaration of title suit. suggest answer with relevant case law.
ajay sethi
(Expert) 14 November 2012
contact a local lawyer .
whether procedure prescribed under land acquasition act has been followed ?
whether preliminary notifcation issued under section 4 of act ?
whether objections were filed within 30 days of publication of preliminary notifcation ?
whether final declaration after considering objections issued under section 6 of act ?
whehter competent authority has issued award ?
sanjay
(Querist) 17 November 2012
First I thanks ajay sir now some more information Iam providing the above mention procedure is completed awards are also made and approved by Dist Collector for all 158 acres. The present victims land was also included in 158 acres. He received compensation for his agricultural land only nothing for house and the land in his possession around the house which is part of that gaothan. This house and agricultural land was belongs to a jewish family they decided to migrate to israyal for that reason they sold all land and this house in year of 1976 by registered sale deed to the father of present victims wife, after fathers death present victim became owner of property. The land acquisition office have no evidence to show payement of any compensation for house and land around the house.The notification for this acquisition includes survey Nos. of 158 acres but nothing about this gaothan. This gaothan is shown in village atlas and the survey map of Midc now both dept are threatning farmer to quit which type of suit could be filled against Midc and company.
