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Krishnaiah Krishnsiah   07 August 2021

Suit for compensation from railways.

Dear experts,
I am having a landed propert flown from ancestors and having peaceful oppression and enjoyment.
With out information or compensation unauthorized constructing a railway under bridge in my land.
And there is also no public notice for acquiring the same.
Hence I request you that how can get the compensations as per the prevailing market as I can not restrict the authority as it is for the public purpose.
Hence I request you that let me know who are the parties for the same.
Thanq in advance


Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     07 August 2021

Complain to the DRM concerned and submit a copy of the same to the District Collector concerned.

Dr J C Vashista (Advocate)     08 August 2021

Not only railways but also any other authority has to follow the provisions of Land Acquisition Act, 2013, if acquired.

In the instant case railways is stated to be constructing "under bridge" which has to below existing railway line, implies that the land is already acquired and owned by railways wherein you do not have any title, right, interest or claim on the land. 

How do you find the land underneath the railway line is your ancestral land devolved upon you to put up compensatory claim?

As found from your profile you have posted such hypothetical queries earlier as :

posted a new topic in forum Suit for compensation from railways.

posted a new topic in forum Suit against municipality 

posted a new topic in forum Suit against tahasildar 

What is the actual problem for consideration and obligation of experts ?

 

G.L.N. Prasad (Retired employee.)     08 August 2021

What are the title deeds you are having to show your possession and enjoyment.  That situation is very rare, and enough traffic was made on the bridge and repeated issues can not get better replies.  It is the responsibility of the local authority to inquire into such acquisition proceedings.   If that is Government property, your ancestors may be enjoying without any legally valid title.  As it is Government land, as your name is not reflecting in the revenue records local authorities might have not issued notice.  As per the procedure while acquiring any land they have to publish such notification of acquisition, purpose, the names of the landowners, extent, assets on such land etc. Please come out with facts on implementation and earlier efforts after guidance from the forum.

Krishnaiah Krishnsiah   08 August 2021

Dear experts 

Way is changed and way is opened in my land  to pass instead of the previous way which causing loss to an extent about 62 guntas or 1 Acre and 22 guntas that is the problem. 

G.L.N. Prasad (Retired employee.)     08 August 2021

Are you having legally valid title deeds?  Then contact a local advocate and file an Injunction suit restraining railways proceeding in your land for such conversions.

Dr J C Vashista (Advocate)     09 August 2021

Originally posted by : Krishnaiah Krishnsiah
Dear experts Way is changed and way is opened in my land  to pass instead of the previous way which causing loss to an extent about 62 guntas or 1 Acre and 22 guntas that is the problem. 

@ Krishanaiah Krishnasiah, 

Whether the railway line has been re-routed to pass through your land ? Unbelievable statement.

However, it would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

P. Venu (Advocate)     10 August 2021

Yes, the facts posted are less than convincing. Anyhow, right to property is a Constitutional  Right and you can approach the High Court in a Writ Petition if the Railways have not abided by the due process.


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