Query regarding compensation for unauthorized construction of road on private land

To address the matter of the unauthorized road construction on your family’s land, here’s a structured approach to understanding your rights and potential legal remedies:

1. Ownership Rights

• Verification of Ownership: Establish that the land is indeed owned by your family by collecting documents such as:
  • Title deed or ownership certificate.
  • Revenue records or property tax receipts.
  • Survey maps showing the boundaries of your land.
• Encroachment Confirmation: Obtain a fresh survey report from the local land revenue or survey department to confirm the encroachment and establish the extent of land occupied by the road.

2. Legal Remedies

• Challenge Unauthorized Construction: Despite the road being over 10 years old, if your ownership is proven, you can potentially:
  • File a civil suit for declaration of ownership and possession under the relevant property laws.
  • Seek a mandatory injunction for removal or relocation of the road if feasible, although courts may be reluctant given the time lapse and potential public utility of the road.
• Statutory Claims: If the road was built by a public authority, ascertain whether it followed due process, including:
  • Issuing notices for acquisition.
  • Providing compensation as per land acquisition laws.

3. Compensation

• Claim for Fair Compensation: If removal of the road is not feasible, you can:
  • Approach the relevant authority (likely the municipality or public works department) to demand compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (or equivalent state laws).
  • File a civil suit seeking damages for unauthorized use of your property.
• Interest on Compensation: If the acquisition is recognized as unauthorized, you may be entitled to interest for delayed compensation.

4. Statute of Limitations

• The passage of time can complicate your case:
  • Under most property laws, claims for recovery of possession must be filed within a specified limitation period (often 12 years for private disputes). However, the period may differ for claims against government actions.
  • Exceptions may apply if you can prove you were unaware of the encroachment or that the road was concealed until recently.

5. Authorities Involved

• Local Authorities: Begin by contacting the municipal corporation, panchayat, or public works department responsible for the road.
• Land Revenue Department: Engage the department for a detailed survey and official confirmation of encroachment.
• Legal Counsel: Engage a property lawyer to assess the merits of your case and guide you through the judicial process.

6. Documentation Required

• Essential Documents:
  • Title deed and ownership proof.
  • Land survey maps and reports (old and current).
  • Correspondence or notices (if any) regarding road construction.
  • Property tax receipts or any other ownership-related records.
• Photographic Evidence: Take clear photographs of the road and its impact on your property.
• Witness Statements: Gather statements from neighbors or locals familiar with the history of the road's construction.

Next Steps

1. Consult a Lawyer: Seek legal advice to determine whether the case falls under the statute of limitations and to identify the best legal remedies.
2. Engage Authorities: File complaints with local authorities to initiate formal discussions on compensation or rectification.
3. Initiate Legal Action: If authorities are unresponsive or unwilling to settle, consider filing a case in the appropriate court.

Practical Considerations

• Courts are likely to weigh public interest heavily in such cases. If the road serves a significant public purpose, removal is unlikely.
• Compensation may be the most viable remedy, provided you have evidence of ownership and lack of proper acquisition.   

On the basis of your title document you first issue a legal notice to the government authority for either vacating your property or to pay compensation as per law.

After that you can file a writ petition before high court or a suit for mandatory injunction against government seeking relief.

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