Why did NHAI take extra land without using it?

In 2006, 10 guntas of our land were 3-D notified by the NHAI, but they prepared a Joint Measurement Certificate (JMC) for 15 guntas and marked the entire area. Despite repeated requests to correct the JMC to reflect only the 10 guntas originally notified, NHAI has not made the correction. The 15 guntas of land have not been used for road construction in the past 19 years, and it appears the land cannot be used for such purposes as it is attached to a city area, and beyond our property, a toll collection building has been constructed by NHAI. The land is still vacant, and we have not received any compensation. Should we go to court to cancel the entire 15-gunta acquisition since it has not been used, or only for the 5 guntas which were not officially notified?

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Advocate By LEAD INDIA Answered: 22 Apr 2025

You can file a case in the High Court saying that NHAI took more land than they were allowed, and it hasn’t even been used. Ask the court to cancel the extra 5 guntas or the entire 15 guntas if you prefer. You can also ask for compensation if you give up the land. For further legal assistance contact us on our helpline number. 
 

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