Respected sir/madam The Tamil Nadu road sector department without any notification had occupied our land about 30000 sq ft agriculture land in the name of extending the road. We had applied for writ petition in Madras high court and high court issued a interim injunction order in favor of us on 2015. Simultaneously we had blocked the road which is the bell mouth portion of the straight road, but authorities gave apology letter and promised to give compensation and signed a written letter in presence of local authorities, but till now we had not received any compensation or relief on that matters. 1.Can we again take possession of our land with the same interim injunction order, its been two year since they promised?. 2.How to proceed next.....till now we have not getting any relief? 3.They are violating the high court order..how to proceed with this issue? kindly help me regarding this sir/madam we had suffered a lot Thank you all my email id [deleted]
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1) once you have granted permission to road sector department to use your land and no compensation has been paid you should file writ petition directing them to pay compensation as agreed
2) you cannot again take possession of land
3) contact a local lawyer and file writ as advised
You should have not given them the possession after the injunction order of high court.. You can file a contempt in high court , for violating the high court order
That order holds good today, you can take possession
You can ask your advocate to get the matter listed in the HC and pursue it stringently
File an application in the court itself in the same matter
1. As long the interim order has not been vacated, the same subsists and you are free to maintain your possession.
2. You could make an application for relevant direction in your writ pending before the High Court.
3. File a contempt petition against them in the High Court itself.
Sir,
You can approach same court with contempt petition.
1. You cannot take law into your hand, you should first exhaust the remedy with the authorities and then once again approach court to reopen the writ which is in dormant stage now.
2. Try the options suggested above.
3. If there is a violation of high court order then you may file a contempt of court petition against the violators.
Respected sir's, 1 week back I got a letter from the corresponding collector office regarding the issue. We had a meeting with DRO and Highways department. Highway department people as usual had ignored the meeting and DRO saying the same thing what they promised 2 year before that we will give compensation under private negotiation. It seems they are forcing us to accept the land value what ever they are quoting in private negotiation if we are not accepting they are threatening us that land acquisition will be done through revised land acquisition act and we will get the compensation very late. very much afraid of these statements sir. 1. As the writ petition is still pending can they implement revised land acquisition act?. is it possible? 2. If the rate of land what ever they are proposing is very low and if i again take possession of land, is there any possibility to take action on me? 3. what precaution should i take before taking possession of my land if there is dispute in the forthcoming meetings? 4. private negotiation will be on market rate are based on guideline value of land.? 5. contempt of court is it possible as the case had past two years?(my advocate is in view of not possible because it is since two year since court order). your ideas were much helpful to me and much relieving! kindly clarify regarding this sir Thanking you sir's
1) you should not bow down to threats by high way authorities
2) if there is no stay granted by HC highway authorities can initiate acquisition under new land acquisition act
3) you should revoke permission then take possession of your land by calling upon them to forthwith vacate portion of land in their possession
4) in private negotiations seek market price of land as per circle rate plus solatium at 100 per cent of compensation amount
5) contempt of court petition is maintainable
1. If there is no stay by the high court, then the pendency of the writ will not have an impact, however you can make an application before the concerned authorities stating the matter is pending before high court in the writ petition No....... hence to adjourn the decision of acquisition of the properties till the disposal of the writ petition, the collector may certainly pay heed to this application, if necessary you may attach a photo copy of the writ petition for the information of the authorities.
2. You cannot take illegal possession if the possession is already there with the authorities in the name of acqusition.
As per land acquisition act, they can take possession by just giving you notice and would suitably compensate you as per the prevailing law.
So your act of taking possession would not be of any use to you.
3. Instead of taking possession, you can file a mandatory injunction suit against the authorities restraining them from acquiring the property forcibly before making the settlement of the compensation amount.
4. It depends, because you and the opposite party are the people involved in the negotiations, hence you should be knowing it better, you dont agree for the unjustified compensation.
5. There may not be any contempt in this case, if the stay is vacated, hence you confirm the latest position on this. You can block the access road so that the authorities will once again come for talks, but dont budge to any pressure, you may dictate terms for fair compensation and it is feasible you may withdraw everything and settle down peacefully.