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Land Aquisition under National Highways Act 1956(48/1956) Sec.3G,(3)
27-Jul-2023 (In Property Law)
Today in the news paper Govt. published under above Act and under an Extrodinary Gazette Notification No.E.O.1171 part- II Sec 3, sub-sec 0/12-05-2016 my building along with its site was acquired and requested me to attend an enquiry before RDO. I have not received any personal notices in this regard. Earlier whether such notices were sent to me or not I don't know. Some 6 months back I requested the concerned RDO through RTI Act to furnish details I complaint the same to the AP Information Commissioner. Till now no information was received from them.Please let me know what I have to do now.
HI,
sir, immediately you approach HIGH COURT by way of writ and request the court to stop the proceedings.
without giving notice to you RDO can't take any action voluntarily. you are having good chance to get relief from the court.
in your writ petition to the court you can show the court the inaction of the RDO, information commissioner with regard to the land acquisition.
sir, immediately you approach HIGH COURT by way of writ and request the court to stop the proceedings.
without giving notice to you RDO can't take any action voluntarily. you are having good chance to get relief from the court.
in your writ petition to the court you can show the court the inaction of the RDO, information commissioner with regard to the land acquisition.
Helpful?
27+
27+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Dear sir/madam
As you said the paper publication was given today(assuming today) there is no provision for the governmnet to serve personal notice. Form date of publication of notice according to Sec 3C you have to appear before the concerned authority within 21 days according to the statute to present your objections and reasons after that other procedures are followed by the govt
So one option what you can do is obtain a copy of plan of the national highway from the concerned authority either directly or under RTI and state your objections and reasons
In case if the plan is not given by the authority or under RTI within 21 days and the other procedures are done by the government you can file a writ petition in respective high court to seek justice
Please specify why did you file RTI for? What details?
Regards
Amrith raj
As you said the paper publication was given today(assuming today) there is no provision for the governmnet to serve personal notice. Form date of publication of notice according to Sec 3C you have to appear before the concerned authority within 21 days according to the statute to present your objections and reasons after that other procedures are followed by the govt
So one option what you can do is obtain a copy of plan of the national highway from the concerned authority either directly or under RTI and state your objections and reasons
In case if the plan is not given by the authority or under RTI within 21 days and the other procedures are done by the government you can file a writ petition in respective high court to seek justice
Please specify why did you file RTI for? What details?
Regards
Amrith raj
Helpful?
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Adv. K Amrith Raj
Hyderabad | 25+ Answers
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Hi
A newspaper publication is also deemed notice to you.
You will also receive a personal notice shortly.
So you need to attend the enquiry before RDO (based on news paper notice )and file objections are claim compensation in accordance to Land Acquisition act 2013( Market value of property plus compensation plus alternative site(if applicable).
you can also file a stay petition in High court and delay the acquisition proceedings if you are of the opinion that the acquisition is improper and with malafide intention by government.
Hope this helps
A newspaper publication is also deemed notice to you.
You will also receive a personal notice shortly.
So you need to attend the enquiry before RDO (based on news paper notice )and file objections are claim compensation in accordance to Land Acquisition act 2013( Market value of property plus compensation plus alternative site(if applicable).
you can also file a stay petition in High court and delay the acquisition proceedings if you are of the opinion that the acquisition is improper and with malafide intention by government.
Hope this helps
Helpful?
38+
38+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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