• Notice from panchayat to acquire my property (Kerala)

Sir,

We have received a letter from panchayat office showing interest in  acquiring  my wife's property (mutual consent) to build a shopping complex and parking lot , it states to reply them with in 15 days if we are ready to sell, we dont want to do it , what are the procedures we should take ?


Thanks and Regards,


Mohammed
Asked 1 year ago in Property Law from United Arab Emirates
Religion: Muslim
you should in reply to notice mention that you dont want to sell your property to the panchayat for shopping complex and parking lot .

2) mention that you are planning to return to india nd you need said property for residential purposes 

Ajay Sethi
Advocate, Mumbai
35478 Answers
1967 Consultations

5.0 on 5.0

The law provides that no one shall be dispossessed until and unless all payments are made and alternative sites for the resettlement and rehabilitation have been prepared.

2) in case your land is sought to be acquired   you would be paid fair and reasonable compensation for land 
Ajay Sethi
Advocate, Mumbai
35478 Answers
1967 Consultations

5.0 on 5.0

Immediately rush to the civil court through a suit for injunction to restrain the panchayat from acquiring the property in defiance of law. Once the property is acquired it will be a long drawn battle to either recover the possession or get the appropriate compensation, so take preemptive steps. 
Ashish Davessar
Advocate, Jaipur
21395 Answers
573 Consultations

5.0 on 5.0

No, nobody have right to acquired the land forcefully, if they do then immediately file a writ petition before high court and restrain them for their illegal act.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
4327 Answers
190 Consultations

4.9 on 5.0

We have received a letter from panchayat office showing interest in  acquiring  my wife's property (mutual consent) to build a shopping complex and parking lot , it states to reply them with in 15 days if we are ready to sell, we dont want to do it , what are the procedures we should take ?

If you have received the notice, give a reply through your lawyer declining the offer and refuse to sell the same to panchayat.

Simultaneously, you file
1)  Caveat petition against the panchayat board
2)   A mandatory  injunction suit against the authorities to not to interfere in your possession and enjoyment of your property by any means or for any reason.
T Kalaiselvan
Advocate, Vellore
25520 Answers
250 Consultations

5.0 on 5.0

sir, they are writing as   "panchayath committe has decided to acquire the land" according to their meeting on so and so date , can they do it forcefully applying  Land acquisition act?

They cannot acquire land forcibly by passing any such resolution without notification through government gazette and for that they have to obtain permission from government based on their resolution. 
Before that you file a suit for mandatory injunction restraining them from forcibly acquiring the property for any reason other than by a rule or notification of the authority competent for this purpose. 
T Kalaiselvan
Advocate, Vellore
25520 Answers
250 Consultations

5.0 on 5.0

1. It seems that people at the Panchayat are planning  to acquire your land for constructing a Shopping Mall for which some of them may make huge money,

2. Shopping Mall is not for public utility and you can approach Court later on  to restrain them in acquiring your land,

3. So, send a leply strongly opposing its sale to the Panchayat stating that it is direly required by you for your family use.
Krishna Kishore Ganguly
Advocate, Kolkata
15225 Answers
368 Consultations

5.0 on 5.0

1. They are planning to acquire it for reason suggested in my earlier post,

2. Strongly refuse to sell your property as suggested earlier,

3. This will help you in getting favourable order from the Court if you approach later on.
Krishna Kishore Ganguly
Advocate, Kolkata
15225 Answers
368 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer