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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 November 2023

Land acquisition by the municipality

My client (I am not a lawyer, but a consultant for scientific matters) has a factory in Trombay, which he is running since 1972 or thereabout. He has received notice from BMC stating that the land, on which the factory is situated, was ear-marked for a playground and that he should vacate the premises immediately. If he does not vacate the buildings there would be pulled down and the premises forcibly vacated. My client does not want to vacate and if forced to vacate, wants to be given adequate compensation. My client wants a good lawyer experienced in such matters and located in Mumbai. If there is anyone from among the esteemed members here, I request him/her to contact me. The notice received from the Municipality could not be uploaded. I can send it to him/her if he/she contacts me.



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     14 November 2023

You cannot ask any lawyer to contact you for your work, it will be treated as solicitation which is a misconduct as per  the Advocates Act.

Instead you can choose a lawyer from this forum hailing from Mumbai or surroundings and enquire if he would be able to handle the case on his or her terms. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2023

The problem is that there is no such list of such lawyers in this Forum from which I can choose. 

bhagwat patil (Property due diligence 9422773303)     20 November 2023

There is standard procedure laid down to land acquisition act , which is converted to Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 .

This new act provides more rights to the landlord ( factory owner in your case) .

Please send scanned copy of notice. 

Rahul Pujari (Advocate - Bombay High Court)     05 December 2023

Sir, in my humble opinion you need to immediatly approach the mumbai high court and file a writ , seeking a stay to the said proceedings. 

However this is a preliminary opinion as i have not read your notice 

Several questions remain to be answered , was he given adequate time in the notice 

What does the property registatrion say

What reliefs have been given to property owners in similar cases, etc

It would be advisble to take advice from someone who practises regularly in mumbai high court and move forward on a urgent bases and get a stay.

Compensation can be worked out if possible during the pendancy of the case and if required seperate proceddings can be filed

 


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