What is the compensation being offered to others for road widening ?
Has your house been constructed on govt land ?
kindly clarify
House under road widening
We have construction a house in 1982 the area of the land in the sale deed is 204 Sq. Yards we obtained municipal permission to construct the house got the permission and constructed the house. when the neighbors objected we left 40 sq. Yards for the road. So the total house was built on 164 square yards. We are staying in the house since 1982 we were regularly paying the property tax, water and electricity till now. Recently out of 164 sq. Yards 28 sq. Yards had come under road widening. The municipal department had ask to submit the house documents to verify the property and we submitted a copy of all the documents. Now the municipal department says that our house is constructed on government land and they are paying us only half amount of the rate fixed towards compensation in our locality. We are in total loss pls advice what to do.
Asked 7 years ago in Property Law
Religion: Other
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
11 Answers
The compansation amount fixed is Rs. 32000. Per sq. Yards whereas we got the amount at Rs. 16000 per sq. Yard. We don't know that our house is constructed on government land we are staying in it since 1982. My father bought the land from some other party.. We came to know about this when we asked the municipal authorities why. the compansation amount is not given to us as fixed by them @ Rs. 32000. Per sq. Yards then they said. Our house is built on government land.
Asked 7 years ago
under section 64 of new land acqusition act you can make written application to collector requesting that matter be referred to authority as you are not satisfied with the compensation awarded 2) the collector has to make reference within period of 30 days to authority 3) if collector faisl to dos you can apply to authority requesting it to direct collector to make refernce 4) please note that you should apply to colelctor within period of 6 weeks of receipt of award from collector
Pls note now it has come to the notice of neighbors that our house is constructed on government land therefore they are threatening us that they will give a complaint and demolish the complete house. Pls clarify what is the legal procedure to deal with them..
Asked 7 years ago
Have you verified revenue records whether the house has been constructed on government land
2) since you have gene in possession for over 30 years you can clam defence of adverse possession
3) if neighbours threaten you file police complaint against them for criminal intimidation under section 506 of IPC
If you feel you have merits in your case you can go for writ petition in HC else you need to accept what is being given
Sir as said earlier that the documents were given to municipal department they verified and after that only we came to know that the house is built on government land after staying there for more than 35 years. So do I need to verify again. We have obtained municipal permission to built a house in 1982 and got the permission to built the house, we were paying the property tax regularly the property tax electricity and water charges. We have a registered sale deed from the registry office. If it was government land than how did the registry office registered the sale deed and how did the municipal department gave the permission to construct the house in 1982. Pls advice
Asked 7 years ago
That is why I asked you to verify old revenue records .
Also take title search in sub registrar office . If it was govt land sale deed in your favour would not have been registered
Did you apply for Encrumbance certificate?
if said property is your house in EC and proposed to be acquired for purposes of road widening, then file your objections in detail to the same before the land acquisition officer, state in the protests that you have been residing in this house for long period and that if a portion of the house is acquired it will cause a lot of loss and mental pain and suffering, kindly allot the land near to my present living area , in the worst case you might possibly get higher compensation amount as this acquisition is for the larger public cause.
Dear Client,
Whether it is govt. land or not matter of verification. By theory of adverse possession ( 30+ years peaceful possession), you have acquired status of actual owner agasint govt. File writ In HC for compensation @ Rs. 32000. Per sq
You first verify from mthe property documents that whether you have occupied the government land or the entire property on which you have constructed your house belongs to you as per the registered title document.
You can approach court with an injunction suit against the land acquisition if you have received a notice from the authorities about it as have been orally infirmed and obtain injunction till the disposal of compensation amount
Have you seen the registered title document and confirmed that you have not encroahced the government land?
If encroached then you may not be able to claim compensation to the land even if it was under your possession and enjoyment for three decades or more.
You first ascertain the facts and then plan for legal action if maintainable.
Forget about the neighbors threats or rumours.
First of all confirm whether their allegations are true or false.
You should not go by the neighbors words.
You can be rest assured since the government has already compensated you for 16000 yards, hence without ascertaining your ownership the government will not compensate you for the acquired land.
If you have a registered sale deed in your name then the neigbors threats may be ignored.
You secure the documentary evidences and challenge the claim if any made by the munipal authorities.