Road approach to our village is blocked. Need court help
I have mentioned the problem faced by our village in below lines. Please let me know how I can take court help in solving this problem.
Our village Mukka is located in Mangalore District of Karnataka state. It is under the administration of Mangalore City Corporation. We are residing in a part of village having around 30 acres of agriculture area. We are about 15 houses of small farmers, having approx. 2 acres of land each. We have listed problems faced by us in below points.
1. Around 30 years ago, our land was blocked from road approach from a sand refinery company by building compound wall. We have been fighting for road from then onwards.
2. On 21-Apr-2011, we submitted an application to City Corporation for providing road approach. We offered 20 feet width of land across our area freely for this purpose.
3. But objection was raised by 2 parties for using their land for road construction (at entry point of our land to existing corporation road for around 4.5 cents )
4. Below actions were taken by City corporation based on our application –
I. City Corporation has acquired disputed 4.5 cents land (No. L.A.Q S.R 4/12-13 Award No. 9/13-14 dt. 17-12-2013 and DC Order No. L.A.Q/CR/10/2012 – 13/86613/B1 dt. 12.12.2013) and granted award. ( PDF copy of Award grant letter is attached)
II. As per above government order on 01-02-2014 - Revenue Inspector, Special land acquisition office, Mangalore City Corporation has handed over acquired land to Executive Engineer, Mangalore City Corporation. (PDF copy of Land Handover letter is attached)
5. But after this there no action from City Corporation till today on this. We have sent almost 5 reminders, visited commissioner office around 100 times and begged for action but there is no action from City Corporation.
6. Due to lack of road approach we are facing many problems on daily basis – Have to carry agriculture materials in hand, cannot bring any vehicles for any purpose, Patients, senior citizens have to be carried in hand during medical emergencies, death of patients due to lack of treatment on time, cannot re-construct old houses, no street lights etc.
7. We suspect there may be influence from land mafia in this inaction from City Corporation so that we have to stop agriculture, stop living here.
Asked 10 months ago in Constitutional Law from Mangalore, Karnataka
1) file RTI application with MMC as to why road has not been built in spite of acquisition of land
2) if no action taken file writ petition in HC to direct MMC to construct road on acquired land
Thanks Sir for the quick response.
We have already filed RTI and got reply from MMC saying survey done on acquired land is having some technical error. Survey map prepared by Surveyor during land acquisition and actual survey map in MMC is not matching. We have already sent 3-4 reminders and visited commissioner many times to correct this but nothing is moving from last one year. Officials are showing figures to other officials for escape.
Is it having road approach to his property is not fundamental right of every citizen. Please clarify.
Asked 10 months ago
1) hence advised you to file writ petition in HC to direct MMC to to construct road within stipulated period of six months or so
2) in said petition mention that though land acquired in 2013 till date road not constructed and that villagers have no access to road
The officials may be hand in glove with the trespassers. The remedy is to file a suit for mandatory injunction against the corporation to seek judicial orders to direct it to remove the encroachments. The civil court alone can come to your rescue. Consult a lawyer personally with the documents that you have.
I have one query related to this matter. Need your advice in this -
City Corporation has acquired 3 cents of land from disputed party named X under provision of Land Acquisition act 1984 and awarded compensation. This acquired land is adjacent to the existing approach road and intention of acquisition was to connect our land to existing approach road.
This approach road is formed by party X and her sisters and brothers to connect to their plots. Mention of this road is there in partition deed based on which party X got this property. Mention of this 12 feet approach is there in various sale deeds when family members of party X sold their plots to other.
Now party X has put gate in approach road saying this road can be used only by her and her family members and others who purchased land from her family members and not allowing corporation or other publics to access this road.
My question :
Since corporation has acquired party X 3 cents land adjacent to this approach road after paying fair compensation as per current market value do corporation has right to access this approach road. If no why?
Asked 9 months ago
once corporation has acquired land and paid compensation to X for it X cannot restrain members of public from accessing the road
2) complain to corporation against gate installed by X
3) file writ in HC against corporation if no action taken by corporation against X