Panchayat build road on my private property
1 month ago
Panchayat built a road through our property, will panchyat own the road now?
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 by the Panchayat to the Deputy Collector (Land Acquisition) concerned seeking appropriate relief in the matter.
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 by the Panchayat to the Deputy Collector (Land Acquisition) concerned seeking appropriate relief in the matter.
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A.Dear client, panchayat cannot own a private property with out an agreement with the owner. The panchayat have to buy or lease the land which it needed to use. It cannot interfere into private property without the owners consent. It can amount to tresspass and can file a complaint if the authorities haven't resolved the issue on informing them.
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A.Dear Sir,
You must file a suit for mandatory injunction to remove that road since they have not acquired by paying compensation to you. It is nothing but trespass on your property.
You must file a suit for mandatory injunction to remove that road since they have not acquired by paying compensation to you. It is nothing but trespass on your property.
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