Why you waited so long ? Without due procedure of acquisition and compensation, passing road on private land not valid. Give representation to collector for compensation. Last remedy writ in high court.

Or can directly approach High Court for compensation.

File RTI application as to whether any order was passed for acquisition of your land for road 

2) whether any notice was issued to land owner before acquisition .

3)whether order  was passed for payment of any compensation 

4) file writ petition in HC to direct collector to pay you compensation 

have you served with any notice in this regard?

approach the concerned High Court by way of filing a writ petition for making the road without exercising the mandatory legal provisions,

You provide all mutation papers and see from the year 1955 whether the road was there on layout of city or village area papers as a government ceiling for public road.

If it's marked as a ceiling road for public road then you will be not get any compensation, if it is recently acquired directly then you can ask for the compensation to collector of your city and cc to revenue ministry of state and chief ministry.

If you claim that the property belongs to you then you should be having a registered title document in your possession.

In that case the government cannot acquire your property for laying road without giving a notice to you and paying you the compensation as per law.

You first confirm whether there was any notice issued to you, if so, procure the copy of the notice, then see if the compensation was paid, if paid whether tat was credited to your account and the compensation mount was paid in accordance with the prevailing law.

If compensation amount was not paid then whether you had taken up this matter with the concerned authority, secure the evidences of all these.

Then you can approach the district  collector with an application venting out your grievances and seek compensation.

Also you may secure the details of the road laid and the portion of your property acquired for this purpose and assess the amount that you are entitled towards compensation for this land acquisition.

By taking all these steps you can take the assistance of a local advocate who is well versed on the subject matter and proceed. 

Why did you wait for 3 years.

In case of acquisition of property for road widening etc., the Land Acquisition Officer (LAO) / Collector will notify about the said acquisition, in case, if you did not receive any notice then you can apply for such directions  / orders for acquisition by making an application by RTI.

The details of notification / compensation decided for such acquisition.

In case if the same is without proper notification in that case you can challenge the said action of LAO by filing writ petition and also claim damages / compensation.

You can make representation to the government and then file writ petition in HC

1. You have to file case against govt under land acquisition act 2015 for claiming compensation of your land acquired by govt without your permission.

2. You need to provide the proof of ownership of land on which the road was build by govt.

1. File an Application before the district Collector's office alongwith all documentary evidences that land belonged to you and that road was built without notice to you and request to provide compensation /damages to you for your losses.

2. You can also request to provide you alternate land nearby in place of the land that was acquired by the Govt. This is possible, may take some time, but if you conduct the due procedures properly, then another land would be permanently allotted to you. This is more strongly recommended instead of asking for compensation etc....

First write them a letter and send the same by speed post dont mention any compensation, seek for a reply of the gross negligence on their part and what remedy shall they provide for the same, thereafter if you a get a fruitful reply, then fine or else file a case in consumer forum seeking compensation

Hi

Get the land records from the authorities and file a encroachment complaint against the road construction company. 

Whole matter will open up automatically. 

Thanks 

You can certainly approach the court against acquisition of the land without your consent and  court may direct to authority to pay compensation along with interest. 

Dear Sir,

Land acquisition in India refers to the process by which the union or a state government in India acquires private land for the purpose of industrialization, development of infrastructural facilities or urbanization of the private land, and provides compensation to the affected land owners and their rehabilitation and .        

• The Land Acquisition (Amendment) Bill, 2007 amends The Land Acquisition Act, 1894.

• The Bill redefines 'public purpose' as land acquired for defence purposes, infrastructure projects, or for any project useful to the general public where 70 per cent of the land has already been purchased. The Bill bars acquisition for companies except under the 70 per cent condition.

• Compensation

  • In the principal Act, the term 'person interested' includes those who are claiming land compensation and those interested in an easement (limited right of use of the land) on the land. The Bill proposes to expand the definition to include tribal and other traditional forest dwellers who have lost any traditional rights as well as individuals with tenancy rights under state law.

  • In addition, if any damages are incurred on land excluded from acquisition proceedings, the appropriate owner must be compensated within six months.

  • Payment for acquired land must be made within one year from the date of the declaration. The Collector can extend this time limit by six months with a penalty of 5% per month. If payment has not been made within one year nor has the Collector granted an extension, the land acquisition proceedings shall lapse.

  • After the compensation amount is determined, the Collector must ensure that payment occurs within 60 days. Possession of land shall not be taken unless full compensation is paid or tendered to the land owner.

  • Land owners whose property has been acquired under urgency shall be compensated an additional 75% of the market value of the land.

  • If the acquisition is for a company, shares or debentures of 20-50% of the compensation amount must be offered through these options. The interested person may either accept this offer or opt for a full cash settlement.

  Restrictions on Acquired Land

  • Land acquired can be transferred only for a public purpose and with prior approval from the appropriate government.

  • Acquired land that is unused for 5 years from the date of possession shall be returned to the appropriate government.

  • Whenever acquired land is transferred to another individual, 80% of the difference between the consideration received and the original acquisition cost shall be shared among the original land owners and their heirs.

  Land Acquisition Compensation Disputes Settlement Authorities

  • Currently, all land acquisition cases are referred to civil courts for a decision. The Bill establishes the Land Acquisition Compensation Disputes Settlement Authority at both the state and national levels to adjudicate all land acquisition disputes within six months. The Bill gives these Authorities the same powers as a civil court and deems all proceedings of the Authorities as judicial proceedings. The government may form more Authorities or benches.

  • In the event of a dispute, the land owner must file a written complaint with the Collector. The Collector shall refer any dispute cases to the Authority within 15 days from the receipt of the complaint. If the Collector fails to act, the land owner may petition the Authority directly to request the Collector to file the reference within 30 days.

  • If the Authority decides in favour of the land owner, they shall award compensation for (i) market value of the land, (ii) property damages, (iii) damages to the land owner, (iv) damages to the land owner's salary, movable, or immovable property, (v) expenses incurred by the owner for change or residence or business, and (vi) any damages resulting in a loss of profits from the time of declaration to possession of the land. In the Act, the Authority awards a sum of 12% of market value from the publication of notification to the date of possession or compensation paid. Furthermore, the land owner receives an additional sum of 30% of the market value. The Bill increases this sum to 60% of market value.