Prayer for perpetual injunction order
shaik khaja moinuddin
(Querist) 18 September 2017
This query is : Resolved
Dear Sir /Madam, greetings of the day !
There was an existing state high way with a total of132 feet width; the State Govt & Central Govt has taken a decision to upgrade such highway to National Highway. The state Govt. wants to upgrade to NH to avoid burden of laying and maintaining the present road.
Due to which, the National High way Authority of India (NHAI) wants to design by pass roads for certain towns and through certain lands owned by private farmers. The farmers are not willing to give their lands to the Govt (NHAI) for designing the Bypass road since it is only their livelihood.
Certain agents of the NHAI & private parties entering the farming fields without any intimation to the concerned land owners and laying stones and laying peck marking and surveying through the lands. The farmers are finding difficult to resist them. Presently the farmers are frightened about their lands and livelihood they earn through the farming. As such there is connectivity between the starting and ending point of the proposed road project.
Is there any judicial remedy(perpetual injunction order through WP or PIL or both ) to stop the said by pass road project and confine the NHAI to the present existing 132 feet road without disturbing the owner ship of the farmers in the proposed by pass project.
Your valuable opinion is deeply appreciated. This would help the farmers to avail legal remedy and further help the farming community to lead their farming to earn their lively hood .
With best regards,
-moinuddin
Isaac Gabriel
(Expert) 19 September 2017
Verify whether any acquisition notice published mentioning the land.In that case you better consult Lawyer.
P. Venu 
(Expert) 19 September 2017
Yes, it is probable that the land acquisition process has been st in motion. Please verify. The land would be acquired only after following the due process of law and paying due compensation to the land owners.
Rajendra K Goyal
(Expert) 19 September 2017
How are you concerned?
Government can acquire land by following legal procedure for using the land for public interest.
shaik khaja moinuddin
(Querist) 21 September 2017
they did not give any publication till now and the private parties are coming and laying stones and markings with the support of revenue officials
