Legal validity of lokshahi din orders
Dileep Vaidya
(Querist) 14 October 2016
This query is : Resolved
local Grampanchayat at Maharashtra Illegally created Nala of 13 Feet width in Mid of my N A Plot so I made application at Maharashtra Chief Minister Lokshahi Din; where CM gave decision that I should leave 4 feet of my land & rest of Land should be taken by Local Grampanchayat under Land acquisition act. In spite of this decision Local Grampanchayat is not making provision for payment to me for Land acquisition & asking me to leave land Free of cost. I have 4.28 Gunthe NA plot out of which 1.80 Gunthe land is shown as Potkharaba in 7/12 utara so Local Grampanchayat is saying that full land is not NA (due to potkharaba) so they will not acquire excess of land required as per CM Lokshahi din orders.
1 Does Potkharaba really means that so much land is not NA ?
2 What is Legal Validity for Maharashtra Chief Ministers Lokshahi Din's decision / orders ?
Kumar Doab
(Expert) 14 October 2016
Approach CM again.
Local terms and rules are involved.
Local counsel can advise the best.
Guest
(Expert) 14 October 2016
I really appreciate your query.
It is good question of law which really has to be taken in High Court now.
I went through Government Resolution on Lokshahi Din , for some problem I too approached Lok sahi din of Dist. Collector .
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My interpretation about the G.R. is bit different (It may or may not be correct because such formal interpretation can be done by High Court only now taking some dispute)
My interpretation is as follows ---
1. When general public have problem with the administration it can approach the officer at Taluka level , Dist. level , Divisional Commissioner Level and CM level.
2. All officers can only pass orders which they can pass on routine basis in their official capacity , they can not pass any order out of their jurisdiction nor they can pass order bypassing any provision which are mentioned in law (Act and rules framed under Act)
3. If any thing done contradictory is illegal and has no value.
4. People have thousands of problems and they approach authority to solve them.
So all days of month Officers like Collector , thasildar etc. they can not dedicate time meeting people , because there are administrative duties of all officers.
So this day they keep open to meet public and they can listen to them and try to solve their problem in their jurisdiction only .
5. Never go to highest authority first , reason is that once they give order (Favorable /non favorable ) then your scope of appeal is not there in Lok shahi din .
6. In Lok Shahi Din you just go as ordinary person (Adv. are debarred -- May be some matters adv. goes but middle men are not entertained much , it is forum by which Common man and the authority directly interact to solve their problem with Main officer over looking the activity )
7. Chief Minister is highest appeal in Lok Shahi Din and after it no appeal is there , so all your option within Lok shahi din Government Resolution are now over technically
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Guest
(Expert) 14 October 2016
Your Land Acquisition Query.
This is different query altogether don't mix two query
1. Land is acquired under provision of Land Acquisition act 1894 or after 2013 it is acquired under new acquisition law which was made in 2013.
2. Additionally some state laws in Maharashtra also there are provision of acquisition of land .
3. Reason for land acquisition act made by both central act and state act is that it comes in concurrent list of schedule 7 under constitution of india ,where state and central both can make law.
4. To handle land acquisition problem , proper Judiciary intervention is required, Don't remain under false hope of any officer etc.
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Proper procedure to handle such problem is that
1. First you may have received some notice, immediately state here which notice you have received , mentioned act and under which section the notice is received
2. After ans. this query I will try to help you. I will wait for your ans.
adv.bharat @ PUNE
(Expert) 15 October 2016
Nothing is added since expert explain in details.
Rajendra K Goyal
(Expert) 15 October 2016
Approach Court for a stay against acquisition till compensation is decided in your case.
Discuss in detail with local lawyer.
R.K Nanda
(Expert) 15 October 2016
Nothing to add more.
