Can the land acquisition officer and the municipal authorities acquire the private properties for road widening purpose when there is sufficient government vacant land available to lay the road. as an alternate solution to protect the houses of private people, there is vacant government land which is readily available to acquire/alienate to lay the road. is there any law or judgement from High court/Supreme court which can be a reference case law which can be a reference to such scenario.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
when there is sufficient vacant govt land available it should be used for road widening
2) private properties should not be acquired for road widening
3) you can in your representation to the authorities draw attention to fact that land from private properties should not be acquired when vacant govt land is available for road widening
we have already made the representations to the authorities, but all in vain. No representation was considered and the authorities have proceeded with the land acquisition proceedings and passed an award which is deposited in the civil court. Please provide us with any case law or judgement of Supreme court/High Court wherein in any orders were passed to acquire government land against the private the properties.
Land acquisition is govt. prerogative for public purpose. Will see if find some ruling. Till than you accept compensation under protest.
Municipality involve than land must be in urban - compensation should be twice the market value. You can challenge acquisition on some other grounds.
Unable to find any judgments desired by you
You can go in writing petition on high court. You have a good case on Merits
Hi,
It is suggested that the high court has ample power under writ jurisdiction and the same may be used to protect the interest of residents of houses etc.
1. The availability of other land is no excuse to acquire private land for road widening purposes.
2. Though you have the option of challenging the acquisition itself but considering the larger public interest involved you may not get much success.
3. Considering the coming of new Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 you are expected to get betetr price than the prevailing market rate. than prevailing market price for your land.
The power of land acquisition though exists with the government for the public purpose but there is check in the same act hence it is not the routine power so read the citation of Devendra Kumar and others V/s State of UP and others pronounced on 12 May 2011 by the Hon'ble Allahabad High Court , several apex court citations have also been discussed in this matter.
1) You can challenge the land acquisition in the HIgh court and get the land acquisition stayed.
2) Courts normally will grant a stay if the acquisition is not for a development purpose.
3) Courts will also grant stay if the land is forcibly acquired by the Government without following the process of Law.
4) In the worst case scenario of your land being acquired by government, you are entitled for compensation in accordance to latest land acquisition act where the market value would be multiplied by a factor of, at least one to two times the market value for land.
Government's decision to acquire the land for some special purposes cannot be challenged until and unless there is a specific reason for denying their accessi.e., no fair compensation made or have violated the conditions for land acquisition.
You cannot question government's decision of choosing the land which is appropriate for utilisation for the special purposes, your case before court in this regard ,may not be maintainable and the courts wont entertain any suit in this regard.
Moreover approaching court will be a time consuming factor which may not even result in your favor.
Most of the judgments are in favor of the competent authorities which have decided to acquire the lands belonging to private parties.
You should understand the fact that the land acquisition is done on the private properties only and not on government properties.
For government lands they need not follow the land acquisition procedure to the extent of that being followed to acquire the land of the private parties.
Dear Client
If there is enough government land available for road construction then authorities cannot acquire the private land.
You should file writ petition in high court for cancellation of land acquisition.
