Aditi (N/A) 27 December 2011

Private road converted as thar road by village panchayat

Dear Forum Members,

I need few clarifications related to the case of private mud road (16ft wide and 300ft length) getting converted as thar road by village panchayat without notifying the actual owners. Is it legal?

1. How can they develop the road which belongs to private party?

2. No consent or acquisition notice was given to the landlord. How can they say it's government road?

3. The work of laying thar has already been completed while i was out of station. I learned this incident when i returned home. How can i proceed on this matter now?

4. When i question the panchayat president about the case, he says its governent land so we did it. How can i ask him to prove that it belong to government?

Thanks for any reply.

-Aditi

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2 Replies

N.K.Assumi (Advocate) 27 December 2011

Firstly, if there is no acquisition by the State Government as per Law, let the land owner invoke section 145 of the Criminal Procedure Code before the Executive Magisatrate and file Declaratory suit against the village panchayat.

Aditi (N/A) 27 December 2011

Thanks Sir, for your inputs.

There was no notification from anyone to me. As per my land parent documents the road is only for me and my another neighbor. Is there a way to findout the stand on those land at present to findout any kind of forgery or illigal transfers if any? From VAO's land documents/sketches or from panchayat office or any other means? Should i sit and discuss this matter with them before legal proceeding? plz suggest.

Thanks.