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Author Topic: PROPERTY ISSUE -Compensation claim from state highway dept  (Read 311 times)

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Offline priyaTips

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PROPERTY ISSUE -Compensation claim from state highway dept
« on: April 18, 2016, 08:11:30 PM »
We have house  property which was bound by state highways road on one side.The highways dept partially removed it stating that as an enchroachment on JAN 1997.But we filed the case against them as we were staying there for more than two generations(more than 30 years).The case was won by us in an appeal and we got title declaration and permanent injection order while the mandatory injection got rejected for the property under adverse posessions act.Date of judgement:28 nov 2006  in SUB COURT.Till now there was no action from the dept side after the judgement.Hence now we wanted to know
1.whether we can get patta as we don't have it for the property.
2.Is  there eligibility for compensation claim in case the property is affected in future by the highways dept.
Kindly give me your suggesions regarding the  issue.
Thank you.

Offline advcaroltripathi

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Re: PROPERTY ISSUE -Compensation claim from state highway dept
« Reply #1 on: April 20, 2016, 02:57:40 AM »
you have to file an application in court for patta and compensation
Adv Carol Tripathi
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Offline adv.amarnath

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Re: PROPERTY ISSUE -Compensation claim from state highway dept
« Reply #2 on: April 20, 2016, 08:49:33 PM »
You have not won the case against the Highway Department. Definitely against the owner. Adverse possession is a shield not a weapon. Further vide adverse possession you cannot be owner of a property but as you are in possession you can get your name mutated in the concern department.

If you property is being acquisition by the Govt. then you will get  compensation for that.
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Amarnath Sanyal
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