File writ petition in HC seek injunction restraining acquisition of 10 m of your land fir road widening
2) mention that your under ground water tanks etc are located on land sought to be acquired and there is no land available for shifting
Land Acquisition by govt for road widening.
The BBMP is widening the road infront of our apartment. 10m land from our property will be taken over. We have a problem that all our water tanks, WTP, STP, substation are situated underground/ overground in this area. There is no other space in the property to shift these. All these facilities are joined to the main building structure and demolishing these may affect the structural stability. In this situation how to stop the take over or make the BBMP find suitable solution? Which court to approach? Can the BBMP start the work without resolving the problem. We have only given one notice to BBMP citing our problem after the notification.
Asked 4 years ago in Property Law
Religion: Hindu
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10 Answers
You can approach HC for suitable compensation, land acquisition cannot be avoided but shall be procedural, like issue of notification of acquisition, filing objection, deciding compensation along with facilities attach to land and damage due to attachment.
You can collect compensation under protest and approach HC for appropriate relief and directions.
You are entitle to compensation for severance as remaining area was deprived of frontage on the road and this would certainly diminish the value of the land to some extent and loss of facilities attach to it.
Dear Sir,
The only authority which can help you is the Hon'ble High Court of Karnataka. Please engage a senior advocate and try to stop such steps by BBMP.
Dear,
Appoint good local lawyer and approach High court.
Court will give direction to them and you will get relief and
compensation if any damaged done by them.
You need to approach high court under writ petition
first of all you cannot stop the extension/acquisition work for public purpose, kindly see it is for general public, of cousre you can get some time ,but you need to approach the local LAO officers with all you documents.
You can approach high court for appropriate order.
If there is no reply or response from the BBMP authorities to your notice then you may approach high court with a writ petition seeking stay of its proposed action to acquire land for the reasons as stated in your notice to the authorities concerned.
You should file a writ petition in high court restraining BBMP from acquisition of your land for road widening on the grounds stated by you in the question.
- As per the information mentioned in the present query, makes it clear that authority has not been able to understand the problem of the society.
- In fact, they have over turned the stone by not even considering the exact position of the land and for what purpose they would be using it.
- You should use the same letter which have been sent to the authority and approach the Hon’ble HC under Writ Jurisdiction as per Article 226 of our Constitution seeking immediate intervention and setting the notice sent to you people.
