Land Acquisition And Market Value Claim Of Ms. M

Background

In October 2009, government authorities illegally acquired a plot of land belonging to Ms. M for the purpose of constructing an embankment. Upon taking possession of the land, the authorities were obligated to pay occupational charges and damages to Ms. M. However, they failed to fulfill this duty despite several representations made by Ms. M. She argued that after taking possession of the plot, it was the duty of the authorities to issue an award within the statutory period. The authorities did not comply, imposing further obligation upon them to immediately restore possession of the land to Ms. M.

Legal Violations

The authorities acquired the property without giving any notice to Ms. M and forcibly continued to possess the plot of land. This action was a violation of Articles 14, 19(1)(g), and 300A of the Constitution of India, and Section 4 of the Land Acquisition Act, 1894. Ms. M warned the authorities that if they continued to violate the law or failed to act according to the provisions, she would have no choice but to initiate legal actions against them.

Legal Action

As a result, a writ of Mandamus, Certiorari, and Prohibition was issued under Article 226 of the Constitution of India against the respondent authorities.

Solution

Ms. M approached Advocate Rajesh Kshetry for legal assistance. Our firm initiated a writ petition under Article 226 of the Indian Constitution on behalf of Ms. M. Leveraging our knowledge and expertise, we were able to seek justice for our client. The court directed the authorities to initiate the payment procedure within a period of six months and ordered them to compensate Ms. M for the damages sustained.

Conclusion

This case highlights the critical importance of adhering to legal procedures in land acquisition and ensuring that landowners receive rightful compensation. Rajesh Kshetry played a pivotal role in advocating for Ms. M’s rights, resulting in a court order mandating the authorities to fulfill their obligations and compensate her for the damages.