• Forceful occupation of our land, without acquisition, by Memari municipality for broadening road

The Memari municipality forcefully filled up our waterbody ,& constructed a road thereon, without acquiring the land & without any notice, despite our written objection regarding same.The municipality has been dumping garbage into it; waterbody situated right in centre of the town & is very valuable. The municipality paid no head to our verbal protests against the illegality.Please advice.
Asked 1 month ago in Property Law from Memari,DT - Burdwan, West Bengal
Religion: Hindu

Sir file a writ petition before the high court for directions to the municipal authority to stop disposal of garbage and for stay against the road

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

Sir since the order is in capacity of municipal authority there is no personal gain criminal action would not be tenable the writ would be fast and proper remedy.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

Hello,

1) You must move court and get a stay on the construction and demand restoration of the waterbody.

2) If you are able to garner the support of a large number of people, you can organise a demonstration and agitate before the office of the Municipal Commissioner/ chairman which will bring the matter to the fore and the attention of the public at large.

S J Mathew
Advocate, Mumbai
2332 Answers
110 Consultations

5.0 on 5.0

File writ petition in HC against municipal corporation seek orders to direct corporation to remove garbage dumped on your water body and to hand over vacant possession of land to you

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Issue legal notice to municipal corporation to remove garbage dumped on your land and on what basis forcible acquisition of land done without payment of any compensation

2) file RTI application as to what action has been taken on your complaint

3) if no action taken file writ in HC

Ajay Sethi
Advocate, Mumbai
54249 Answers
3256 Consultations

5.0 on 5.0

Yes, you can file case against them with Municipality and State of west Bengal for forcefully occupied land without acquisition.

If you want I can provide you citation cases which have won by party in good compensation or equal FSI or land in another place for nominal charges.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

You cannot criminalise any person for kids action as this is the municipality and you have to file a writ petition in the High Court against the municipality and high court will decide and direct the municipality in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

you can file civil suit in civil court for eviction of trespassers who have illegally taken possession of your land also you should immediately take an injunction order.

Mohammed Mujeeb
Advocate, Hyderabad
3199 Answers
2 Consultations

4.5 on 5.0

1. This is a larger public safety and environmental issue and hence it is a good case where a Public Interest Litigation can be filed.

2. You being a member of the society and locality has enough locus standi to save the water body form the evil clutch of local authroty.

3. So send the chairman a demand justice notice and then file a writ petition in the nature of Mandamus which would be converted into PIL considering the larger public interest .

Good luck.

Criminal case does not lie and hence it would be a futile exercise.

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that your property has been taken away without following the due process of law resulting great injustice to you.

Secondly, no, you can’t prosecute them at very first instance as they may be protected a per the government employment protection law.

Thirdly, but yes, you should file a Writ of Mandamus under article 226 of Constitution of India before the High Court for getting the answers from them as how they can do that without following the due process of law.

Fourhtly, once to do that then they will be answerable and will have to pay damages plus the compensation if they still desire to acquire the same.

Sanjay Baniwal
Advocate, South Delhi
2561 Answers
5 Consultations

4.9 on 5.0

FIt case to approach the High Court and raise this issue in a writ petition or a Public Interest Litigation.

Vibhanshu Srivastava
Advocate, New Delhi
7474 Answers
88 Consultations

5.0 on 5.0

Dear client,

1.Issue legal notice to municipal corporation to remove garbage dumped on your land and on what basis forcible acquisition of land done without payment of any compensation

2. file RTI application as to what action has been taken on your complaint.

3.you should file a Writ of Mandamus under article 226 of Constitution of India before the High Court for getting the answers from them as how they can do that without following the due process of law.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

File writ petition in HC against municipal corporation

Seek order against municipal corporation to stop disposal of garbage and handed over the possession of your vacate land.

there is no personal gain so criminal action against municipal authority would not be taken, the writ would be fast and proper remedy.

Dimple Jain
Advocate, Jodhpur
205 Answers

Not rated

You can file in your local district, where the issue took place means where the plot is resided.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

Hello,

file a petition in the HC against he authority and ask for a writ of mandamus with an action against the officers who did not perfomed their duties.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

A criminal case is not advised to be filed since there has been no personal injury that has been caused.

the best and most effective way will be to approach the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

If the water body belonged to you and you have title to the same, then what prevented you from filing a mandatory injunction suit against the municipality.

Have you discussed with a local advocate about taking proper legal action against this atrocious ct of municipality of occupying your private land with any notice for acquisition?

Without land acquisition notice, without compensation for the acquired land the acquisition can be termed as illegal and land grabbing also, hence you can proceed legally against this injustice.

Consult a local advocate and proceed

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

Can I criminally prosecute the Chairman of Memari municipality to whom our letter of objection dated 4th October was personally addressed by name? Please note we filed objection with the Memari police station, the block land officer & the SDO.

No criminal action can be taken against the chairman individually.

You can sue the municipality.

You can obtain injunction and also seek possession by filing a mandatory injunction suit

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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