No compensation provided by up gov against the land provided to pwd for road purpose
Amit K Gupta
(Querist) 19 April 2013
This query is : Resolved
Dear lawyers,
I recently got a notice from PWD that- "some portion of your house is on the PWD road with dimensions (40m x 3.5m)". But reality is that our house exist here for last 50-60 years and that time there was no road, we had provided the land to PWD for this local road for which no compensation has been provided to us so far.
We had also received similar notice in year 1993 with similar subject but then we had provided them response - "This land was provided by my late grantfather to PWD for road construction purpose for which no compensation had provided to us", after that they got silent then. Now again same notice received by PWD. Please suggest how can I save my house from this false notice by the PWD and how can I get compensation of that land which had been provided to PWD 50-60 years back. I have no land papers or house papers available with me as this is my ancestors house.
Raj Kumar Makkad
(Expert) 20 April 2013
You cannot get compensation as this belated stage but definitely you can fully save your house property by filing a civil suit for declaration and injunction against PWD. It requires reply to their notice and in the same reply contents of notice under section 80 of CPC which should also be addressed to DM of your area.
Amit K Gupta
(Querist) 21 April 2013
Thankyou Raj saab for your quick and concrete response. But if we give 2 months time to PWD with our reply before filing a lawsuite against them, they (DM & PWD) will take immediate step to demolish our house and we cant do that time. Can you advise how to proceed after a notice reply to them.
prabhakar singh
(Expert) 21 April 2013
In matters of urgency the court is empowered to dispense with the requirement of mandatory notice stipulated in section 80 C.P.C.
A suit even without serving notice would be possible.
Get in touch of a local civil law lawyer.
