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Saroj Kumar   17 April 2022

private property issue

a government road going to near my house , which is 20 feet * 8 feet cover my private property, when I protest they told me the police power what can I do.....


Learning

 2 Replies

Shubham Bhardwaj (Advocate)     18 April 2022

Dear Mr Kumar, 

I am assuming that the tile is clear.

In India, a person has to leave certain area on both sides of the road. If any area falls within that zone, it is Government land. So make sure that area that you are talking about does not fall within that zone. If the government body has encorached on your land, you must file a representation to the Collector. In your representation ask the collector to vacate your land. You are entitled to one of the two reliefs:- (1) Either the Govt will vacate your land or (2) will pay you adequate compenation as per Land Acuisition Law (encorachment by the Govt is deemed compulsory acquisition of land). 

Thereafter, you may file a writ petition to your Hon'ble High Court, if the collector does not decide your representation in time.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

SHIRISH PAWAR, 7738990900 (Advocate)     18 April 2022

Hello,

For road or public amenities govt. can acquire land. For that purpose govt. will issue notice and you will have oppertunity to raise objecrion. Further govt. also give good amount of compensation against acquisition of land. So decide yourself and take appropriate action. 


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