Construction of road forcibly
kehar singh
(Querist) 24 February 2015
This query is : Resolved
Sir,
During the year 2011, some villagers request me that they want request the Govt for construction of jeepable road in the village for which my NOC is also required to before they present the request to Govt. Accordingly, I gave NOC on the condition that the width of the road should not be more than 15 ft.
Later on the govt approved the road but I come to know that the road is not going to connect anywhere beyond my land. So I request the District Collector that since the road is not going to be connected anywhere beyond other end of the paddy field thus the road may be ended at the starting point of my plot only instead of taking it to other end within my plot.
The work was then stopped for few months but when I transferred to another district later on someone informed me that with the nexus of nearby villagers and Contractor they construct 15ft wide katcha road from one end to another end of my field using JCB.
Infact I have no objection in constructing 15ft wide road as per the NOC given in 2011 but I have not been given land compensation of the road. The authority has not acquired the land as per law What to talk of Land compensation.
What I am planning is if I get land compensation that its OK but if the department do not pay compensation then I want to stop the acquisition.So where should I approach to claim for Land compensation.
My another question to the learned members is what would be the rate of compensation that I would get if authority gets ready to pay it. We adopt the Land acquisition act of Central Govt. in the State without any amendment.
P. Venu
(Expert) 25 February 2015
Presently, the work is being carried out on the basis of the NOC given by you. Naturally you are not entitled for any compensation, you yourself being a beneficiary.
T. Kalaiselvan, Advocate
(Expert) 01 March 2015
If your NOC is being considered and land acquired for widening the road, you may not have any case however you may approach the land acquisition authority of your district for compensation, but make an application in writing so that when he gives a reply in writing, you may have a case to take up with the higher authorities or through a court of law.
kehar singh
(Querist) 01 March 2015
infact land is not acquired officially but the contractor has excavated the land based on NOC. nor compensation is received from any corner.