Nhai(east-west) land dumping

tlun (Querist) 04 January 2013 This query is : Resolved
dear expert/s,in a village(N.C.Hills district,assam),where work for the East-West corridor is going on,NHAI have dumped alot of earth in people's land beyond the right of way(ROW) pillars without any compensation and also due to their construction work,the villagers' agricultural land(100 acres approx.) have been rendered useless for the past 5years as the irrigation canal have been blocked.
kindly tell me if there can be a claim for compensation for the land where NHAI have dumped the earth and what steps can/should be taken regarding the blocked canal.
i would be very very grateful if anyone can solve my problem at the earliest.

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ajay sethi (Expert) 04 January 2013
issue legal notice to NHAi . if NHAi fails to remove debris and pay comepnsation move consumer forum for necessary reliefs . contact a local lawyer

M V Gupta (Expert) 04 January 2013
There should be collective action by all the land owners whose land is affected by the dumping of the soil and stilting of the irrigation canal by the NHAI. Common legal notice may be issued on behalf of all the affected persons. For this purpose let all the affected persons form an Association. I doubt whether the affected persons can be considered as consumers within the meaning of the Consumer Protection Act.They do not fall within the definition of the word "consumer" under the Act. They may have to file suitable action in a civil court for damages and mandatory injunction for de-stilting the canal.

Raj Kumar Makkad (Expert) 04 January 2013
I do endorse the advice of Ld. Gupta G.

prabhakar singh (Expert) 04 January 2013
Common legal notice U/S80 c.p.c.should be issued on behalf of all the affected persons n on non response SUIT N NOT CONSUMER COMPLAINT SHOULD BE FILED.