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Government is constructing a public road on my land

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law | Property

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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?

Asked from: Uttar Pradesh

You should lodge an FIR against such an illegal act because it is an act of criminal trespass. At the same time, move an application under Section 24 U.P. Land Revenue Code for the measurement of you land over which the government is constructing a public road. You can also send a representation to the Collector for stopping the ongoing construction of public road.

Government cannot construct a public road on private land

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 due course of law requires that the government should acquire the land first. Then pay a fair compensation to its owner. Thereafter take the possession of that land. If that procedure is not followed you have the right to stop the construction.

You said that you can prove your ownership. It means the revenue records are showing that you are the owner of this land. Therefore, government is constructing this road without acquiring your land.

File a writ petition

If you get no relief from the police and Collector 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. 

In the writ petition you should annex all documents which tend to prove your ownership on the concerned land. Adduce certified copy of Khatauni and Map of your land. Khatauni reflects the name of person who has the possession in the land.

If you lodge the FIR then adduce its certified copy. Application for demarcation of land and representation to the collector are also vital evidence. Thus you should also adduce those documents.

The High Court, if satisfied that it is your land, shall issue a writ of mandamus and direct the collector to stop the construction immediately. Court can also direct the concerned officer to demarcate your land within a stipulated time. If the collector does not take any action on the order of High Court then you can move a contempt petition against him.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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