• Notice period before demolishing the buildings by NationalHighway

We have our RCC house G+3 building near the main road of Marikal Village and anoathor commercial property of 4 shops beside the G+3 building, both faces towards the road. This road (This State Highway Road ) is Recently upgraded as National Highway vide Gazette No.1527 Dt. 14/08/2012. Since there is a road widening processes for converting Haggari-Jadcherla national highway 167- Half our house and 4 shops is being marked by the surveys. Request you to guide how to go about it since we residing here for more than 20 years. That is my ancestral property having the Local GramPanchayat approval/permission. On first they marked as 40 ft road that is 12 mts inside my house which is 3 ft distance inside the compound wall. (I think Encroachment of 3ft is done by us, if the road width is 40 ft.) After 2nd week again they marked as 50 ft road that is 15 mts inside my house which covers half of my house.Contractor is saying that notice will not be given to you as you are illegally occupying the road and instead he and Local Mro and Sarpanch gave support to contractor that If we pay all the rent and taxes for using the road these many years than they will issue legal notice otherwise they will not give any notice.
Now my question is 1)Can National Highway/Contractor can demolish our structured without giving a prior WRITTEN notice ? They only orally informed us to vacate and demolish the structured by ourselves. 2)If at all the encroachment has been done by us on the existing road, Can we eligible for the compensation? 3)How can I know the Width of the previous state highway road and the existing/proposed National Highway Road? Can I put RTI which will take usually it is time taken process to know the width of the road. This Contract is entrusted to M/S RMN construction ,Hyderabad vide 2nd cited through EPC basis contract system.the total width of carriage way including gravel shoulders will be 12.00 mts after comletion of the project.(I HAVE GOT THIS LETTER ON THE INTERNET; SEARCH KEYWORD:MARIKAL ROAD WIDENING please refer). 4)In G+3 Building We have leased out the 1st floor to Uco Bank and informed them about that road widening. They are asking me to bring the written notice and asking 5-6 months of time to vacate.NOW What should I do? Can I get stay from the court or ask some time to demolish the encroachment part by considering the bank? 5)How can I stop the widening work? I also tried to file an FIR on Contractor and R&B which did not workout as (Police and Contractor are tied up). 6)Already the other side of the road has been dig and the road work has also started for only 40 ft. But intentionally Our Side that is (side where our buildings are present) They marked as 50 ft. If we asked about that they are saying that Extra 10 ft is for Mission Bhagiratha Pipes which comes under the road. 7)Can I get any support from the court or police station ? If Yes what are the possible ways and manners and which court Can I move Local court or High court?
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

1) prior written notice is necessary before demolition

2) no man can be condemned unheard . it would be violation of principles of natural justice

3)you are not eligible for compensation on encroached road

4)you can file RTI application

5) file suit and seek stay on demolition as bank is asking 6 months to vacate and authorities are threatening to demolish your structure without following due process of law

6)once stay of demolition is granted the road widening work on your side would be stopped

7) court may grant you stay if you may out a prima facie case

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

You can file s suit for permanent injunction and obtain a stay through court , making state a party,, all the above details are a matter of proceedings which will be considered by court in the final decesion.. But till now file a suit and get stay from court as a soon as possible ..go to your district court and file a petition

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. The high way contractor cannot demolish your house without any authority.

As per National highways Act, Section 3A. Power to acquire land, etc.

(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.

(2) Every notification under sub-section (1) shall give a brief description of the land.

(3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.

They have to give a notice in writing, if not you can approach court seeking injunction against them for threatening to demolish your house property.

2. You will be eligible for compensation to the actual property that belongs to you which has been acquired by NHAI

3. You can procure the information through RTI Act

4. You may issue a notice to bank stating that they have to vacate the premises owing to the land acquisition by NHAI and induce them to obtain stay or injunction against you and the NHAI

5. Police cannot interfere, you have relief only in civil court.

6. You first confirm if you have been served notice for acquisition

7. This is a civil matter hence police cannot interfere

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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