• Road not made as per map

Hi Sir,
 I Amol Lembhe, resident of village pimpode which falls under gram panchayat in Maharashtra state.
 Our issue is we are losing almost 20% of our agriculture land in the road created by gram panchayat and point to be noted is that road is not as per the map of government, as per map only 10% of my land is supposed to be in the road however with influence from political partied gram panchayat and local residents have already extended it to 20% in my land long time back
. As of now same road was not made up of concrete however gram panchayat just initiated work to make that road in concrete. So in order to claim my land and stop concrete of road I sent lawer notice to PWD and gram panchayat alongwith map however local residents does not agree with my opinion and they are putting pressure as well not abiding to lawer notice and insisting to use the road of 20% from my land which is there since long time ( more than 10 years).
 In order to put pressure on me alongwith political support they filled complain against me to tahsildar office ( tax collector). According to my lawer we cant take any action until 60 days of notice gets over. 
 Can you please tell me what shall I do in this situation? also let me know if tahsildar has rights to extend my land upto 20% in road even though its not in the city survey map ?

Thanks
Amol Lembhe
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) you should wait for reply to legal notice

2) if no reply is received file writ petition in Hc against gram panchayat for taking 20 per cent of your land contrary to survey map of govt for your locality

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

you can move court and seek injunction restraining construction of any concrete road

2) tehsildar cnnaot arbitrarily decide new boundaries of road

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Probabaly your lawyer is talking about civil suit which is of no use in thi case.

After 60 days your land would usurped and your legal action would become infructuous.

If building of road is not according to approved plan and Panchayat is taking more than land originally acquired from you then you should file writ petition challenging such actions of the Panchayat.

For filing writ petition you needn't wit for 60 days at all and you even now can file such case.

So change your lawyer and file a writ petition in high court asap.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

You have not stated whether you have received notice from the authorities to acquire your land and whether any compensation has been made if so whether the compensation is in accordance to rules as per the latest land acquisition act.

If there is no notification to this effect then you may file a permanent injunction suit against the local authority seeking to restrain them from acquiring your land without any proper authority and other aspects that you rely upon.

There is no necessity to wait for 60 days when there is no notification for the alleged acquisition.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013 has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected.

Section 27 of the Act defines the method by which market value of the land shall be computed under the proposed law. Schedule I outlines the proposed minimum compensation based on a multiple of market value.

The market value of the proposed land to be acquired, shall be set as the higher of:[12]

the minimum land value, if any, specified in the Indian Stamp Act, 1899[15] for the registration of sale deeds in the area, where the land is situated; or

the average of the sale price for similar type of land being acquired, ascertained from the highest fifty per cent of the sale deeds registered during the preceding three years in the nearest village or nearest vicinity of the land being acquired.; or

the consented amount in case the land is acquired for private companies or public-private partnership projects.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

please let me know if Tahsildar has any rights to intervene and decide new boundaries for the road that also without following citi survey map ? As I mentioned we have to wait 60 days before going to court, what if they build concrete road within that period ?

The Tahsildar is not an authority to decide about new projects, it shall be based on the authority of district collector and the guidelines set for this purpose.

If they build concrete road, then on the order of court it has to be dismantled if the judgement is in your favor.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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