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. . 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 Kshetry and Associates 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 rightful compensation is provided to landowners. Kshetry and Associates played a pivotal role in advocating for Ms. M’s rights, resulting in a court order that mandated the authorities to fulfill their obligations and compensate her for the damages.