You should talk to the contractor regarding constructing of new road in your village
2) if any debris is to be dumped on your farm land your written permission is required
3) you can claim compensation if your farm land is damaged
New road construction on farm land
Hi, My property is in one of the village of tehri garhwal. Being a hilly region serpentine road has to be built and some of my farm land will be covered by soil dumped while making road and some will be completed concreted. The custodian(thekedar) had already started to work on the road and there is no one in our village who can talk on my behalf. We have not got a single notice. nd do not know how will get compensated for it. I will be great help if anybody can suggest on this. Thanks. Jaivinder negi
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
In these circumstances you can immediately rush to the civil court through a suit for permanent injunction to stop the thekedar from taking the possession of your land. Engage a local lawyer and get going. Temporary injunction can be granted on the very first hearing.
this is act of tort by the state's agent i.e. thekedar. you should give a notice under section 80 CPC to the concerned department thereafter if issue does not resolved then file a civil suit for compensation. because of result of this act of the thekedar your land became non-productive hence this is fit case for compensation.
1. If the dumping of the soil is temporary then you can do nothing.
2.However if sue to dumping of the spil you incur huge financial loss then you can file writ petition to recover damages.
3. You can stop the government though from dumping the soil since it is using your land for public purposes.
If the government agency of any body acquiring the land, you will get a notice served to your address.
If you have not received any notice you may visit the office of the authority which is acquiring the land and seek the details.
If you dont get due compensation you my approach land acquisition court seeking remedy and relief.
