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Land acquistion act

(Querist) 02 July 2013 This query is : Resolved 
While measuring and marking of land land acquition officer is not considering land which proposed FOR road widening.

total land is 25 ares
Road widenig (Proposed) - 2 ares
Net land for compensatin = 23 ares

As per me LA officer to consider 25 ares not 23 ares. As 2 are is for PROPOSED road widening with not notice till date to the land owner. pl give your thoughts, this is urgent
M 9850994452
R.K Nanda (Expert) 02 July 2013
state case details.
CMA Devendra Deore (Querist) 02 July 2013
A case is in the court of Sr Magistrate, Nashik (Maharashtra)

As per client : Compesation is required for 25 Ares. As per LA officer compensations is for 23 Ares.

As per client thee is no acquisition proceeding for road widening measuring 2 ares, so that needs to count for compensation.
prabhakar singh (Expert) 02 July 2013
A suit of injunction or a writ petition about those 2 ares is your remedy on the ground that they can not take possession or
widen or make road over those 2 ares without acquisition and paying compensation therefor.
CMA Devendra Deore (Querist) 02 July 2013
Sir,
The suit is in Nashik (Maharashtra) district.
As per advocate of high court bombay, WP cannot be fild at HC of Bombay till suit at above district is decided.

Is there any case on such matter please
prabhakar singh (Expert) 02 July 2013
I have told you remedies.

There are many benches of Bombay High Court.

Being from U.P I can not tell you for sure about the jurisdictional bench.
Raj Kumar Makkad (Expert) 03 July 2013
Until the case is not decided by District Court, you cannot file WP, however, a separate civil suit for injunction can be filed against those 2 area of land.


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