Delay in work by municipal authorities
1. On 21-Apr-2011, we submitted an application to Mangalore City Corporation for providing road approach. We offered 20 feet width of land across our area freely for this purpose.
2. 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 )
3. 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. All the authorities including executive engineer signed the sketch for acqusition.
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.
4. Now executive engineer replying as this acquisition sketch is not proper as he cant connect existing road and our land. although he signed pre acquisition sketches.
these people delaying our works due to political and other influences. What is remedy available against these authorities for wrongly approving sketches and not taking proper care during acquisition process? Whether it is also a corruption?
Asked 2 years ago in Constitutional Law from Mangalore, Karnataka
The remedy is to file a suit for mandatory injunction against the corporation to make it do its work. If the sketches were wrongly drawn then fresh sketch can be drawn up. The court can issue binding directions to it. Issue a lawyer's notice to the corporation and then you may file the suit in the civil court. It is mandatory to issue a legal notice to the corporation before it is sued.
File writ petition in HC to direct MMC to complete construction of road within stipulated period
2) rely upon pre acquistion sketchesand completion of acquistuon of land firm solitudes by MMC
It is obviously a high level corruption.
The Corporation authorities should insist the Engineer to acquire the land instead they are reluctant to initiate any action against the EE just to protect the interests of the vested interest in this.
For your grievances, you should exhaust the remedies first by issuing a letter or notice the EE in this regard and after his denial or refusal then you my approach court with a suit for mandatory injunction citing the reasons.
1) Since your land was acquired free of cost for the purpose of provision of road and more so that the land acquisition award also has been passed, it is the imperative duty of the municipality to lay the road as per approved master plan and sketch.
2) The executive engineer cannot now back track stating that the acquisition sketch is not proper etc. Looks like he is already purchased by the persons/politicians having vested and enimical interests.
3) The executive engineer has to abide by the approved master plan and road construction plan on the basis of which the land was acquired.
4) First file a complaint with mangalore corporation and ask them to lay the road.
5) if they(Mangalore Municipal corporation) do not respond to you approach the high court and file a writ of mandamus seeking the court to issue directions to lay the road as per approved road plan.
6) Once the high court issues orders(which in your case, will be a very easy order for the high court to pass), municipality will have no options other than to lay down the road as per approved plan.
Hope this helps.