• Land acquisition by govt for NH

National Highway authority is acquiring my land for the new national highway no 211 in Maharashtra State. My land is on this highway and very small strip of 15 meter of land is going to acquire for this highway. As per rule of national highway act 1956 they don't allow to used our land up to 75 feet which is called prohibited land area means they don't pay any compensation for that land.My land is only two acre and after acquisition I will lose mostly all land. In the compensation of 15 meter land they are acquiring prohibited/controlled area land free of cost which is injustice with me. 
Can I file a civil or any other suit in court of law for payment of compensation of this prohibited/controlled area land area or exemption of rule imposition on land owner and allow utilization this land area as other land. This is rule which is not in the act and not fixed for all national highways. Can I file a suit against these rules too.
Asked 11 months ago in Civil Law from Aurangabad, Maharashtra
1) you have to file writ petition in HC if you are aggrieved by order of acquisition wherein no compensation is being paid to you 

2)  delhi high court in mahendra kumar v/s LAcollector  W.P.(C ) 13308-12/2005 held that In our opinion, two months will be the reasonable time for disbursement of the awarded compensation amount or for passing an appropriate order. The period of two months should normally be counted from the date of issuance of notices under Section 12(2) of the Act and /or from the date the possession is taken. In fact, every effort should be made by the authorities to make the payment even prior thereto to avoid payment of interest under Section 34 of the Act or  other interest or charges payable, to avoid unnecessary burden on the public exchequer for acquisition of the lands.three officers who are heading the department/authorities involved in the entire land acquisition process to issue proper guidelines in terms of the order of the Court in Civil Writ Petition No. 1161/88 and the observations of the Court made in this writ petition within one month from the date of pronouncement clearly spelling out the entire scheme of acquisition covering all facets to avoid delays in issuance of notifications, taking possession, making of the award and finally disbursement of compensation to the claimants.

3) under section 38 (1) of new land acquisition act payment is to be made within period of 3 months of award 
  section 77 of new land acquisition act provides that payment of compensation is to be made by collector by depositing in bank accounts of persons whose land is acquired
Ajay Sethi
Advocate, Mumbai
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Can I file a civil or any other suit in court of law for payment of compensation of this prohibited/controlled area land area or exemption of rule imposition on land owner and allow utilization this land area as other land. This is rule which is not in the act and not fixed for all national highways. Can I file a suit against these rules too.
Though the rule is that they can acquire prohibited/controlled area land free of cost, the result i injustice or an act against natural justice.  If there is no provision for payment of compensation, you may file a writ petition against the acquisition seeking compensation or to stay the operation of acquisition till the proper compensation is paid.  Let the high court decide about the law invloved in it.



Is all other acts /rules of govt. are applicable while land is acquired under land acquisition act 2013 if yes did I have a right to approach court of law against injustice as NH authority  Occupying my land free of cost in the name of control area/ prohibited area. Please advice soon
You have full rights to approach high court with a writ petition for permanent injunction and seek compensation for the acquisition of land that belongs to you.  There is no such provision to acquire anybody's land at free of cost.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
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Before filing the civil case you can challenge the acquisition in the High Court which can quash it. You have the right to be compensated adequately for the acquisition of your land. For acquisition of any land owned by the owner he has the right to be compensated. The rule to the contrary, if any, can be assailed in the court which can declare it as illegal. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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File  suit for getting damages and compensation and You are entitled to interest and solatium on the enhanced compensation as per the amended provisions of Section 23 and 24 of the Land Acquisition Act. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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Hi, if there is any written communication from the NH Authority that you are not entitled to use your land then only you can challenge the same before the High Court by way of Writ Petition.

2. Or else you can file a suit before the civil court for enhancement of the compensation and also  claim for compensation for prohibited area of usage of land.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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