you can claim more compensation as in respect of other land acquired by railways morte compensation has been paid
Land acquisition by Railways
Railways has acquired my land under the industrial act, (that is what the officials told me). They didn't notify me or my grandfather who holds the patta in his name, through any means. The document is in my father's name but the patta was not transferred. We came to know about the acquisition through village officer while paying the property tax in 2022, while the notification was out in 2019. The whole parcel of land is 34 cents which is split between my father and my father's younger brother in equal halves, but the which side belongs to whom was not mentioned in the document. So we registered another document mentioning the same. To do this I obtained permission to complete the document from the SPL. land tahsildar railways. After that the documentation was taking more time so I submitted an application with the collector which he forwarded to the same tahsildar and she did the same thing saying nothing can be done and that my case will be submitted in court. Now to submit my case in court the new tahsildar is asking for our address and my father's younger brother's address and he says that the court will decide whom to give the money depending on the proof submitted as we are claiming that the land acquired falls on the our partition. They have also reduced the amount determined calling it a disputed case. I have a rti reply from the department citing more money per cent for the land just in front of me. Please advice me on how I should go about this case.
Asked 5 months ago in Property Law
Religion: Christian
10 Answers
1. File a Writ Petition Before the Hon’ble High Court
Under Article 226 of the Constitution of India for:
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Quashing the acquisition proceedings insofar as it relates to your land due to non-service of mandatory noticesunder the LARR Act or Railways Act, whichever applies.
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Seeking a direction to issue proper compensation, as per market value and parity with adjoining land as revealed by your RTI.
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Challenging the arbitrary reduction of compensation by merely labelling the matter “disputed” without judicial process.
The writ should be filed against the Collector, Railway Authorities, and Tahsildar, and should raise the violation of natural justice, lack of notification, and disparity in compensation.
2. Parallel Civil Suit for Declaration & Partition (if needed)
If the government proceeds with depositing the compensation in court due to the so-called dispute between your father and his brother, you may consider:
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Filing a declaration suit in the civil court affirming the partition and possession of the particular portion of the 17 cents.
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Alternatively, file a petition under Section 30 & 31 of the LARR Act, 2013 in the Reference Court once compensation is deposited, claiming rightful share.
3. Use RTI Documents Effectively
Attach the RTI reply indicating higher compensation for adjacent lands as documentary proof to claim parity in valuation, alleging arbitrariness and discrimination under Article 14 of the Constitution.
Immediate Steps to Take:
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Gather All Documents, including:
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Patta, parent title deed, partition deed,
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RTI response,
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Acquisition notification copy (if any),
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Communication with SPL Tahsildar and Collector,
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Any compensation communication from Railways.
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Send a Legal Representation to the Collector and Railways demanding:
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Re-determination of compensation,
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Personal hearing opportunity,
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Clarification on process of notice and award.
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Engage a Writ Counsel immediately to move the High Court on grounds of:
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Violation of natural justice,
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Lack of notice,
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Arbitrary reduction of compensation.
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Conclusion:
This case involves procedural lapses, improper classification, and undervaluation of compensation. A well-drafted writ petition will protect your right to adequate compensation and fair hearing. Meanwhile, you should also be prepared for civil proceedings regarding entitlement between family members, though from your narration, you have formalised partition and possession, strengthening your claim.
Let me know if you'd like me to draft the legal representation or a writ petition framework.
With warm regards,
Adv. Aman Verma
Legal Corridor
You need to proceed with writ petition in your matter
Should I submit my address to the tahsildar railways. And wait for my case to be deposited in court. Or should I avoid evrything else and directly take steps to proceed with the writ petition.
Asked 5 months ago
submit your documents sought by tehsildar . if any award is passed file appeal against said award before HC
Yes, submit your and your uncle’s addresses to the Railway Tahsildar to allow the court process to begin.
Once the matter is referred to court, both parties can submit evidence of rightful share.
If the process is delayed or compensation is unfair, then file a writ petition in High Court for:
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Lack of notice under Land Acquisition Act
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Disputed and reduced compensation
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Violation of natural justice
If they are depositing and assured you then you can wait for sometime and later file writ petition but don’t wait for inordinate period if they don’t pay
Actually Indian Railways typically does not acquire land under the Industrial Disputes Act.
The Railways primarily acquire land under the Railways Act, 1989 and, in some cases, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Section 20A of this act specifically empowers the Central Government to acquire land for special railway projects.
This section outlines the process, including notification of intent, publication in newspapers, and providing details to the competent authority.
If there was a registered partition deed in the names of your father and his brother then they both become owners of their respective shares of the property.
If your father's share of property was acquired and no compensation was paid by the Railways or the compensation was paid less than the actual compensation as per the latest act in this regard, your father can very well approach high court with a writ petition or he can approach the land acquisition special court within the jurisdiction for relief and remedy to this.
Since you are not having any rights or interest in the property there is no necessity for the railways to issue you the notification for land acquisition.
Similarly since the property was shared by a registered document between your father and his brother, there may not be a necessity to notify your grandfather about this because the patta on his name is just a revenue document and not a title document.
If the revenue department is not cooperating with you on all such further issues or is reluctant or lethargic in their attitude, then you can file a suit for mandatory injunction against the Tehsildar, by impleading the District collector also as a necessary party and seek the relief which is not forthcoming despite your best efforts.
You may discuss with your advocate at length and proceed as suggested.
Your efforts with the Tehsildar and the railways were not entertained properly till this date and nobody will have any interest to help you or expedite the matter until and unless you keep reminding them very frequently on this and i have my own doubt that even if you be behind them frequently, they may not respond properly.Hence you may better discuss with your advocate and file a writ petition or suit for mandatory injunction in a civil court seeking relief agaisnt the Tehsildar.
In case you need my assistance in the matter I can be contacted on
Dear Sir,
When there is a dispute regarding the ownership of the property acquired under the land acquisition laws, the same is decided by the reference court under section 30-31 of Land Acquisition Act of 1894. You are suggested to give address to the said Tehsildare and also be prepared to reflect your best case before the court to get the success in the court. After whatever the compensation decided, just approach Tehsildar for compensation at higher rates. You need to get dishearten by the current situation/status of the case and get ready to fight a long battle till the time you get suitable compensation.
