Land marked as green belt
Sir, I had bought a residential land in Ghaziabad in 2009, but Ghaziabad Development Authority changed the master plan and marked my land for green belt. I filed objection but they didnt bothered and freeze their plan and finally issued the notification. I had paid the full stamp duty of residential land at the time of buying the land but now my land is marked as green belt. Please suggest me what should I do.
Sir, a green belt is a strip of land designated by the government through an official G.O. or notification for the betterment of the environment. When a land is marked as a green belt construction and various activities are restricted. In your case Sir, you haven’t mentioned if the government is acquiring your property or has just restricted some activities which you might want to carry out.
The government can acquire the property of citizens through a concept known as compulsory acquisition or the eminent domain of the government. The process is governed by the Land Acquisition Act 1894, which empowers the state or central government to acquire private land for a public purpose. However, a little ambiguity exists if proclaiming a green belt is a public purpose or not. Nevertheless, if it is proved to be a public purpose then you can claim ample compensation and relocation from the government.
However, the Act of compulsory acquisition can violate the Right to Property if it is not in furtherance of a public welfare. Thus, a stay order on the same can be achieved through a Writ of Mandamus constituted under Article 226 of the Constitution of India.
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