Land acquisition by municipal corporation
Shekhar Chourasiya
(Querist) 18 April 2016
This query is : Resolved
In Indore (M.P.) Municipal Corporation acquiring building Commercial and residential for widening roads without giving any compensation to the owner of building. They are acquiring buildings for widening road for new master plan of Indore, but not giving any compensation to any owners. Also they are not providing even a month tiime to them and the peoples resides their since many years, who are legally owner of the building, are on the road. My question is -
- Is this justified ?
- Are they having power to acquire building without any compensation ?
- Any suitble judgements
- Suggestions
Guest
(Expert) 18 April 2016
I think there is terrible misunderstanding.
1) Who is legal owner of Land on documents , Govt record . Please check and revert back immediately
2) May be whole building is illegal constructed on land where you have no title so require to check it properly
3) Revert back immediately giving information
Shekhar Chourasiya
(Querist) 18 April 2016
Thanks for your response,
It's not the matter, they are legally owner of the building since last many years, they are paying property tax. having registered deed, they are on municipal corporation record, sanctioned map.
In few building some part may be illegal but I am talking about legal buildings they are acquiring without compensation....
Guest
(Expert) 19 April 2016
Check land record , that I am telling . All documents which you mention does not make person owner of land.
First tell me who is owner of Land check land record properly then I will tell you further thing .
1) Any one can make deed and get registered it.
2) Property tax is imposed even for illegal construction
3) I have seen building plan sanctioned by Municipal corporation but land is owned by Govt. and thus all are considered encrochers on Govt Land.
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Go to land record dept , check survey sheet and get land record and revert back confirmed
I say again LAND
Shekhar Chourasiya
(Querist) 19 April 2016
Sorry, there is some confusion, I require help and guidance regarding owner of land, in Indore not only one or few families, but whole line on various roads they are acquiring without compensation. Still it continues.
Shekhar Chourasiya
(Querist) 19 April 2016
There is no dispute of ownership between municipal corporation and landlords, only the dispute is regarding compensation.
Municipal corporation is not challenging their ownership, but according to them - "Municipal corporation is not giving compensation."
Guest
(Expert) 19 April 2016
Land acquisition in India is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) and which came into force from 1 January 2014. This act is passed by parliament of India
In Some state additional to this there is local Town Planning Act , in this act they give to land owner FSI/TDR etc.
Now this is method every where most state
The statement which you say is legally in correct , there are chances or structure must be standing at place which are illegal /Govt Land/Forest land encroached etc.
So if illegal then Compensation is not generally given but if legal construction is given.
I ask owner again of Land ? Owner of Land will get compensation . If Land is owned by Govt /Semi Govt then you won't get compensation in that case you should tell authorities to rehabilitate at different place etc.
So again I say and put point go and check land record and revert back.
Additionally go and take file of that area Land acquisition under RTI from relevant town planning dept/ Land Acquisition officer and tell points.
Your query is full of factual errors which myself not ready to believe
Guest
(Expert) 19 April 2016
100% compensation is there if it is legal structure and you have title in land ,else you won't get compensation that time you need to press for rehabilitation on humanitarian ground like alloting some land for society where building will be constructed where all displaced person can reside . Terms and condition depends upon state to state . If you don't press and be silent you will not get anything you need to work within frame work of various law.
Don't get inspiration from politician check all properly and keep proper propsal to Collector for alloting land for displaced people for constructing housing society etc. (Collector and State administration have powers to grant land as per rules and condition for people to construct housing society)
So even if your house is illegal try to take remedies and move necessary hardship and try to make things within scope of law legally. Don't do illegal do legal there is proper provision if you study
Shekhar Chourasiya
(Querist) 19 April 2016
I understand no body can believe, but believe me, High Court of M.P., Indore Bench had given direction to owners to claim compensation through lower courts.
This procedure we can't understand, even if you know Shri Anand Mohan Mathur (Senior Advocate of M.P.) is protesting the process of acquiring the land is illegal, even if you have any email id, I can send you snapshots of various clipping of newspaper regarding the statement of Advocate A.M. Mathur.
Municipal Corporation Indore is not giving compensation to any owner and acquiring their land within a period of week after notice.
One more fact, today evening I came to know that M.P. High Court Jabalpur Bench, has issued notice to Chief Secretary of M.P., regarding this process that, it's incorrect.
Now I am looking for experts guidance, how to move forward legally, how to protest.
Guest
(Expert) 19 April 2016
kmadhu786@gmail.com
Guest
(Expert) 19 April 2016
Please send articles , Hindi Marathi English I can read, Additionally High Court Judgement , and if any article on net too.
Let me understand the problem so I can ans you better way.
Remember even 99 Constitutional amendment was declared unconstitutional , So some where some one did error. Here speaking whole parliament did error So NJAC was struck down. So I don't deny that Govt/Authorities don't do error they do error and that is why Government looses cases in Court .
But when Govt. do error that time you need to protest properly and legally so you win and Govt /Municipal Corporation Loses the case.
Most probably Urgency clause is used for implementation of Town Planning
Please forward some news from that area so I can understand problem better for academic purpose
Shekhar Chourasiya
(Querist) 19 April 2016
Thanks, that will much better.
Sure, I will forward few news paper clippings by tomorrow, also I will try to send you judgement related to the topic.
My mobile number is 09826190770 , if you are comfortable, you can add, so I can whatsapp immediately or I will send you through email but will take some time.
Guest
(Expert) 20 April 2016
I read message late , you can send me whats APP message myself available , I have posted in Personal message
Guest
(Expert) 22 April 2016
I went through article , It seems Master Plan is implemented via urgency Clause in Indore.
There are very few B.Arc. , B.E (Civil) who also have done LLB due to interest in Property Law .
Its dual field and you require both department help. to solve your problem.
1) Problem in your case I interpret is you did not take objection when Master Plan was prepared , you did not take objection on master plan till date and suddenly when Plan was implantation started you became aware of it.
2) This problem takes place with all those who are not link to town Planning architecture field.
3) Planning Authority does gazette notification /paper publication all as per law when Master Plan is prepared but people are not aware of it or take lightly
4) Modification of Final Development plan is in Act (At least in Maharashtra it is there) which I tried once for some plot but it is very tough , you need to have contact with person who controls General Body of Municipal Corporation as well as Urban Development in Dept of State.
5) In past I had done legally some changes in Master Plan for my convince on some plot but its too late now for you.
6) Do one thing meet local Architect and ask few question regarding Master Plan
1) Whether Transfer of Development Right (TDR) is available in Indore ?
2) What is the process of applying it
7) Things mentioned in point 6 I could not get online
8) At least in some cities in Maharashtra Transfer of Development Right certificate /Floor Space Index you get after surrender of land free from encumbrance
9) You need to submit File with help of Advocate and Architect you need to prepare and submit for compensation.
10) At this stage consult Local Architect for details regarding Compensation when Master Plan is implemented in Indore . They are aware of it. They may take some consultancy fee but it will be proper.
Guest
(Expert) 22 April 2016
1) If Transfer of Development right is available in Indore , I want to see booklet of it.
2) the Madhya Pradesh Transferable
Development Rights Rules also I want to see
3) You will get this in Town Planing Dept /Building Plan Sanctioned Department
This too is overlapping subject , Law and Architecture one department will cause disaster
Guest
(Expert) 22 April 2016
Real problem in such cases are
1) Town Planning Act or whatever name in your state goes by is act which is mainly used by Architect , Town Planner and to some extent Civil Engineer
2) This act is hardly used by Advocate unless until he has lot property matters or deals more in property matters etc.
3) Like medical specialization there is systematic classification that every person deals in specific set of law and if they cross the limit of specialization they cause disaster in ans query.
4) So just going to any Advocate will too be disaster because he does not understand that it is Master Plan under Town Planning Act and Master Plan changes are required which have not taken place and concentration should be done at that specific point then problem is solved
5)Architect can not properly interpret land laws whether your title of land is clear or not whether you have genuine interest within frame work of law or not this has to be done by advocate who has studied your state land and property law. You can not expect to interpret land laws and Property law who is not from your state
6) Land law and Property are too complex because India in 1947 was combination of 550 princely state + various foreign power so they are integrating it at state level still it is very big
7) Since associated with dual field , I can help you within scope of limitation and you be aware that I don't know your state laws. Don't expect person from out of Madhya Pradesh to help properly.
8) But taking working knowledge of Maharashtra (which I have in dual field) , I can try to help you but within scope of limitation . I should sincerely accept my limit that one state town planning act and other state town planning act are different . One state land law and other state land law are different.
9) Since interested in field I wanted to learn on academic purpose , What is situation of Madhya Pradesh law as compared to Maharashtra
Shekhar Chourasiya
(Querist) 22 April 2016
Thanks, but my questions are still there -
- Are they having power to acquire building without any compensation ?
- Any suitble judgements .
Guest
(Expert) 22 April 2016
There is severe misunderstanding and for that clarification , I wanted information from Local Architect (Who knows about Master Plan and compensation under town planning Act) and I want legal opinion about local advocate on title of land.
And this both you require immediately to analysis the problem .
They are moving under Town Planning Law urgency clause and before arrival of monsoon they will try to finish the work .
Guest
(Expert) 22 April 2016
Yes they can acquire building under law , Compensation will be given after demolition of building and possession of land handed over to local govt.
You need to move in three directions now
1) Trying to delay acquisition proceedings
2) Try to get max. compensation in form of cash/FSI/TDR
3) Rehabilitation privately or instead of point 2 ask for space / Together all ask for allotment of some land under provision of Grant of Land Chapter of your Land Revenue Code (Or any act) by which you can construct house there for society.
4) Building Demolition is not easy but I will tell it takes place for such projects. So don't remain in thought it will never takes place.
5) You have to prepared for worst else it will be problematic
Guest
(Expert) 22 April 2016
It came in my mind whole building will prepare for opposition in your case. So you join their meeting etc. or Petition.
But at same time with Advocate and Architect calculate all Compensation which you should get.
Valuation and TDR calculation is Arch. subject (PG level Valuation course is also also there) and Adv. who should verify your land and flat title
You start preparing necessary documents for compensation claim (Individual) , Remaining opposition in building I am sure will concentrate on Opposing building demolition
Any till end you will be ready for both eventuality
