• NHAI and Lanco harassment to owners and tenants

We have a building in Old madras road, a portion of which was acquired by NHAI in 2012. They paid us meagre compensation for the land taken. 

Lanco had been appointed to do the road work. One Lanco official took some money from us to lay Underground Cable and assured us that we can deviate from the NHAI marking i.e. we dont need to demolish, as per actual marking. 

Now, They have made storm water drain, laid all the cables, made service road etc and the highway is in operation for last 4 years.

Now, my tenants have recd a notice from Lanco asking to vacate the NHAI property. All my tenants are panic stricken and now they are saying that they want to vacate. I want to know

1. How to protect myself from these people i.e NHAI and Lanco., permanently.
2. How to protect my tenants from NHAI and Lanco, permanently.
3. DC had been appointed for enhancement of compensation. But things has not been progressing at all. How do I speeden things there??
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Your portion of land has been acquired by NHAI and you have been paid compensation

2) you need to demolish as per actual markings

3) if compensation is meagre your application for enhancement is pending before DC

4) wait for disposal of your application

5) you can file writ in HC to direct DC to dispose your application expeditiously

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. A portion of your building has already been legally acquired by NHAI for which you are entitled to compensation. You can not retain your said part of the acquired building but can ensure that you retain the remaining part of it.

2. If NHAI and/or LANCO official has assured you after illegally taking money that you can deviate from the NHAI markings, then you shall not be able to mention the same before the Court as your said act itself will be consideerd as illegal.

3. You can file a Writ Petition before the High Court praying for a direction upon the NHAI and LANCO not to demolish the part of the building which has not been acquired by NHAI and also to complete the hearing for enhancement of the compensation with in next 3 months.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

I understood your serious problem. Probably the answer lies and some solution can be given by only authority that is High Court. If you are willing I will make some arrangements.

1. How to protect myself from these people i.e NHAI and Lanco., permanently.

Ans: Have to approach the HC and also Civil Court.

2. How to protect my tenants from NHAI and Lanco, permanently.

Ans: As discussed above.

3. DC had been appointed for enhancement of compensation. But things has not been progressing at all. How do I speeden things there??

Ans: I know both rural and urban Deputy Commissioners. Unless we get another order from HC we cannot move them with nice words. Be assured, nothing to bother. For every problem there will be a solution.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Approach HC to get appropriate directions to restrain Lanco and NHAI from progressing further.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Show documents.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. If the property has been acquired by NHAI then you cannot do anything about it, the authorities may demolish the property lying in the acquired land after serving notice.

You may file an injunction suit however that also may not be very effective, in the long run your case also may get dismissed due to the strict laws of land acquisition.

2. You can file an injunction suit based on the pending land acquisition dispute for the time being

3. The compensation or enhancement will not restrict the NHAI authorities from proceeding with their task on this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hi,

You are required to file a writ in High Court and leave only after proper compensation.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

File a writ petition immediately and try to secure a stay in the same. You can address all the said issues in that writ petition.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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