Land for telangana 2 bhk scheme
Ashwin
(Querist) 19 November 2015
This query is : Resolved
Hi,
i am resident of hyderabad, recently telangana government passed GO to make 2 bhk houses for the eligible poor families/slums.
In my area, only my house is own/registered and rest all are occupied by slum dwellers.
Now Govt. is doing survey to give houses for the residents of the slum, i am being told that along with the others even our house will be demolished and govt. will proceed with the 2bhk scheme.
I have no objection if govt. creates home for the poor people, just that they should not break my house for giving house to them.
What do i need to do as precautionary steps?
Regards
Ashwin
P. Venu
(Expert) 20 November 2015
Government is required to abide by the due process of law.
Rajendra K Goyal
(Expert) 21 November 2015
Whether your house is in authorized area and the map was duly approved by proper authority?
Have you received any notice?
Ashwin
(Querist) 21 November 2015
Yes Sir, my house is in authorized area and infact others have occupied some of our land. I have not received any notice yet.
House is registered in my grandmothers name and she is not alive.
My fathers family, uncles family jointly stay here from 50+ years. Document also is 50years old.
We do pay property tax etc.
Do i have to take any other precautionary steps?
Rajendra K Goyal
(Expert) 21 November 2015
Consult local lawyer on receipt of any notice.
Anupam Lahiri
(Expert) 22 November 2015
As of today, though right to property is not a Fundamental Right, it is a legal right. Nobody can be deprived of his property except by way of valid process of law.
Telengana Govt may frame scheme for providing housing for poor people. But if it wants to acquire any private property, it has to go through the process of Land Acquisition Act. Supreme Court judgments are there which protect the interests of persons on his dwelling house.
First wait for a notice to come. Then you may challenge the acquisition process in Hyderabad High Court on the ground for deprivation of your Fundamental Right to life and liberty.
K.S.Srinivas
(Expert) 22 November 2015
Agreed with Sri Anupam Lahiri.
Ashwin
(Querist) 23 November 2015
Thank you all for your reply.
Now i am being told that the plan has been made and sanctioned, the slum will be cleared and houses will be constructed. Plan includes houses where my house is already there.
I am afraid when they came to survey, the people around us included our house in the slum and hence now it may be demolished. I have my house documents but showing it when they come with a bulldozer would be too late?
Can i get some stay order/injection order before hand??
I havent got any official notice yet.
Anupam Lahiri
(Expert) 23 November 2015
Look, govt cannot take up an action all of a sudden. It has to give notice first and then consider objection and then decide after complying with all laws.
On the date of survey govt cannot demolish your house. You would get ample opportunity. Donot be afraid of your house being demolished.
How you would get an injunction when there is no action on the part of govt? Court would not entertain any apprehended action.
Ashwin
(Querist) 24 November 2015
thank you Anupam Lahiri ji.
