land acquition act 1894 & civil procedure code
shibunabeel
(Querist) 01 November 2009
This query is : Resolved
whether easement right can be clamed over acquired property?
whether an application u/order 39 rul 1 regarding the disturbence of easment is maintanable before the reference court?
niranjan
(Expert) 01 November 2009
Under Land Acqusition Act, the Reference Court was District Court and now SD Court. The CPC is also applicable to the proceedings.In my opinion the land is acquired without any encumberances.If you have made reference it would be for compensation. You should have asked for alternative easementary rightYour status as litigant is not clear to me
Raj Kumar Makkad
(Expert) 01 November 2009
No. No easement rights are available to the person whose land has been acquired. No civil court can grant injunction in such matters.
PALNITKAR V.V.
(Expert) 01 November 2009
Well, I think the answer is not that simple. Firstly, one has to find out what is the nature of easementary right, what is the purpose of acquisition, how the acquisition is going to affect the easementary right etc. For example, if the easement is that of necessity like right of way, it may survive despite acquisition. In such a circumstance, a civil suit would be maintainable.
Y V Vishweshwar Rao
(Expert) 01 November 2009
I agree with Shri Palnitker Sir .
The acquistion of property can not take way the rigths of the party/ies and other parties!
Mani Narayanaswamy
(Expert) 02 November 2009
I agree with Palnitker. It also depends on whether the athority has taken possession of the property. Once possession is taken, no injunction would lie.
