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Government is constructing a public road on my land

Shivendra Pratap Singh

Advocate

02/06/2021

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Question: I have my house in the village Of UP. There is a construction of a road under (MPLAD Scheme) in front of my house which is my land. A few of my neighbours are threatening my family for the construction of a public road. I have the documents to prove that the government is illegally constructing that public road on my land. What should I do to stop this?

Question from: Uttar Pradesh

You should lodge a complaint before the Collector for measurement of land over which the government is constructing a public road. The government has no power to construct a public road over the property of a private person. However, the right to  property is not a fundamental right but it is still a constitutional right. Therefore, the government cannot deprive a person from his property without due course of law. 

The government should acquire the land and pay compensation to its owner. You still possess this land. The revenue records are also showing that you are the owner of this land. Government did not acquire your land before constructing this road. 

File a writ petition

If the collector does not stop the construction of this road within a week then you should file a writ petition. Article 226 of the constitution of India empowers the High Court to issue a writ against the state for protecting the rights of citizens. The High Court may issue a writ of mandamus and direct the Collector to immediately stop the ongoing construction of the public road. 

You should produce every document which tends to prove your ownership over the concerned land. Produce certified copy of Khatauni and Map of your land. The collector prepares the record of rights (Khatauni) and Map of the land. He demarcates the lands in possession of the private person. Khatauni reflects the area of land in your possession. You should also produce the copy of the complaint which you have filed to the collector. 

The High Court shall issue a writ upon finding that it is your land and the collector did not take any action on your complaint. Court shall direct the collector to stop the construction and do measurement of land of the petitioner within a stipulated time. If the collector does not take any action then you can move against him a contempt petition.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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