Land acquisition

G N Shaikh (Querist) 05 January 2016 This query is : Resolved
Sir/Madam
National Highway authority is acquiring my land for the new national highway no 211 in Maharashtra State. My land is on this highway and very small strip of 15 meter of land is going to acquire for this highway. As per rule of national highway act 1956 they don't allow to used our land up to 75 feet which is called prohibited land area means they don't pay any compensation for that land. My land is only two acre and after acquisition I will lose mostly all land. In the compensation of 15 meter land they are acquiring prohibited area/control are land free of cost which is injustice with me.
Can I file a civil or any other suit in court of law for payment of compensation of this prohibited land area or exemption of rule imposition on land owner and allow utilization this land area as other land. This is a rule not a act and not fixed for all national highways. Can I file a suit against these rules?
Can I claim compensation for this prohibited/control area or exemption of rules imposition on land owner by NHA and allow to utilization this land as other land?

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Dr J C Vashista (Expert) 06 January 2016
You are entitled for the compensation of entire piece of land acquired and prohibited, which forms part of acquisition.
NHAI do not enjoy the right to restrict the landlord beyond the line of acquisition.
Rules are framed by local authority to impliment the provisions of Act/ Constitution.

Rajendra K Goyal (Expert) 06 January 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Land-acquisition--574406.asp#.Voyil_l97IU

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