Pattey ki jameen ko sarkari kar diya jaane vaavat Pattey ki jameen ko sarkari kar diya jaane vaavat

1 month ago

Hmari jameen ke kuch hisse me sarkari school bani thi abhi hme bina kisi summon ya notice k hmari pattey ki jameen ko purnatah sarkari kar diya gaya. Isme hum kaise kya kar ke punah apni jameen haasil kar skte h??

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Under the Land Acquisition Act, 1894 the union or a state government is empowered to take private land for public purposes and to compensate the original owners and other persons affected due to such acquisition. The Right to Challenge Land Acquisition lies only with the Original Owner, Land acquisition takes over the private land, for public use as per the requirement and disburses the compensation as admissible against the acquisition of land under the Act. Section 26 of the Act consists of provisions that govern compensation for the landowners. It defines the proposed minimum compensation, based on multiples of the market value of the land. The market value is usually multiplied by a factor of one or two times, for land acquired in rural and urban areas. The compensation for non-urban agricultural land acquired by the National Highways Authority of India (NHAI) is calculated based on the market value of the land as per the ready reckoner or circle rates, whichever is higher. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR Act) of 2013 provides guidelines for determining the compensation for rural land. The Deputy Collector (Land Acquisition) was appointed as the competent authority for acquisition proceedings and empowered under Sec.23 of the Act to summon and enforce the attendance of witnesses, including the parties interested in any of them, and to compel the production of documents by the same means, and in the same manner, as is provided in the case of a Civil Court for the trial of suits. So, you can file a complaint for the unauthorized acquisition of private land for public purpose to the Deputy Collector (Land Acquisition) concerned seeking appropriate relief in the matter.
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Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
You may get issue a legal notice under Section 80 of Civil Procedure Code and thereafter file a suit for eviction or mandatory injunction of demolition as they encroached upon your land without paying compensation and without acquisition.
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