Land acquisition

G N Shaikh (Querist) 12 December 2015 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 land free of cost which is injustice with me.
Regarding above matter we had a meeting with land acquisition officer against my objection. He said compensation will be given according to land acquisition Act 2013 at the same time rule of National Highway Act 1956 will also be applicable.
Is the government impose two acts at the same time of land acquisition if yes what is legal action I can take against the action of land acquisition officer. Can I ask the exemption of N H Act’s rules?
Please give a proper advice with available references.

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Guest (Expert) 13 December 2015
It looks your land is agricultural. is it so? Prohibited area does not mean you cant cultivate things there.

Since the acquisition is under Land acquisition Act you cant help much to stop it. Only delay it by a couple of years at the most.

In fact the terms set by GOI specially bill drafted by Modi Govt is mischievous and anti farmers as their wish has been done away with.
Government cannot acquire every ones extra land in prohibited Zone ( Border strip,of a by pass/highway) as cost would go many fold.

This is catch 22 situation.

Guest (Expert) 13 December 2015
In view of above observation you may plan to file a writ in high court to adjudicate on these matters like yours once for all.You need not even hire a lawyer if it works out costly for you. Just prepare your plaint through a court clerk or junior legal consultant and file yourself and appear.

There is no doubt injustice to you being caused without intentions on part of government.

Dr J C Vashista (Expert) 16 December 2015
Consult local lawyer with all relevant records to ascertain feasibility of prohibition imposed by NHAI.

T. Kalaiselvan, Advocate Online

(Expert) 23 December 2015
A lawyer specialized in land acquisition laws in the local can suggest you the steps to be carried out in this regard. You may consult one.

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

http://www.lawyersclubindia.com/experts/Land-acquisition--577991.asp#.Voyinfl97IU

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

http://www.lawyersclubindia.com/experts/Land-acquisition--576856.asp#.Voyim_l97IU

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