Land acquisition under AP Slum Improvement Act 1956 Section 3(1)
Authorities have declared our ancestral property as slum land & issued gazette notifications 3(1) & 3(2) under AP slum improvement act 1956, with out serving notices to the actual owners. we filed a writ challenging the notification and hon'ble high court allowed our plea and immediately set side the 3 (2) notification and advised the petitioner family members to file objections to the authorities with in three weeks i.e 2002. All our family members filed objections as per court directions. now 3(1) notifications is pending since then Almost 10 years. no further development. again we filed another writ in the year 2010 to set aside the 3(1) notification and the matter is pending in the honourable high court.
1) can these 3(1) be set aside, if so the slum dwellers can be evicted?.
2)We never took any rent or nor determined them as our tenants, under the provision of slum act these people can be termed as tenant by the authorities.
3) can we file a land grabbing case against the slum dwellers during the matter is pending in the high court?. what best relief can we expect as we lost valuable time, money and we are not able enjoying our property completly>
Please help me with the queries,
Thanking you sirs/ madam,
Asked 3 minutes ago in Property Law from hyderabad
Asked 4 years ago in Property Law from hyderabad, Andhra Pradesh
since your ancestral property has been declared as slum and you have filed writ challenging said notification wait for disposal of your petition by AP high court .
they can not be evicted like this,you will have to wait till it is decided and for eviction you will have to file civil case,if you want you can make an appliaction in supreme court of india
Advocate, New Delhi
Sir, Latest Development in the case is Matter disposed and advised the authorities to resolve the issue with in three months from the date of disposal ( yet to receive the Order copy from the court).as they have failed to set aside 3(1) notification from past 12 years.
1) what kind of application i can make in the Honourable Supreme court?. Please let me know what it is?.please suggest me the suitable advocate.
2) Since we filed the writ and we received the interim relief in our favour can i presume the matter is in our favour? as such i have not witnessed the copy yet, however the Honourable judge pronounced the same in open court.
3) can we file land grabbing case? against occupants?
Asked 4 years ago
1) it is necessary to go through the interim order passed by HC to advice .
2) from facts stated by you it appears that writ has been disposed of and authorities have been given 3 months to resolve the issue .
3) no need to go to Supreme court .
4) dont file any further cases now .
wait for the authorities to resolve the issue for three months and if not satisfied or the matter is not resolve with in 3 months then approach supreme court and take the matter forward
Advocate, New Delhi
1Ans) it is necessary to go through the interim order passed by HC to advice .
Me)- order says-as- Interim relief given to safeguard our balance land of 2500 Sqyds by way of attending temporary repairs etc and not to enter any third party encumbrance over the subjected property.
2)if the matter is resolved but not in our favour then we have put to hardship and the matter is back to square one . Since the 3(2) was set aside in the year 2002 and since then nothing was done and matter is pending.
3) Is there any time limit to notify the or denotify the 3(1).
4) there could be some provison or law that authorities has to resolve the issue after 3(2) was set aside.
5) Sir, do we have any citation or judgement or any rule whcih says that the 3(1) has to be implemented with in some period of notification or any law that governs or vice versa, please help in this.
Asked 4 years ago
you need to contact lawyer familar with provisions of AP slum Improvement act 1956.since you have already engaged a lawyer to fight your case he will produce the necessary citations in the course of arguments . since the HC has granted local authorities 3 months time to resolve the issue it is advisable to wait for said period