Purchase of property puported to have been aquired
A G SATHYANARAYANA
(Querist) 15 November 2011
This query is : Resolved
We are a group of about 200 families from Bangalore. A builder/developer advertised sale of plots in the year 2000 and we purchased after obtaining loan from banks.All necessary docs are held viz regd sale deed executed by the landlord, khata certificate, tax paid receipts,plan approval etc.All civic amenities like sanitary, water, street lights, etc have been provided by the BBMP.
In the year 2005 we were told that the property of 29 acres was aquired by the govt.(of which our land is also covered)y for allotment to a society. The land lords contested and lost the case. The supreme court has upheld the high court decision.During all these years the society kept silent and have now demanded from the govt. free posession of the land while the entire area has been sold to various people and dwelling units have come up in large number appx 800 families.The society filed a contempt case and the govt issued eviction notice to all the residents. We have obtained a stay from the KAT against eviction by submitting all the docs we have to prove our ownership. Even the EC till 2006 for the past 30 years has not revealed any txn in the said property. What legal remedies are open for us?. Shall be grateful for your advise.
A.G.SATHYANARAYANA
ajay sethi
(Expert) 15 November 2011
1) you have purchased plot in 2000 by regsitered sale deed
2) if property was sought to be acquired in 2005 was notice issued to you and other 200 families . ?
3) when other landlord faimlies contested the land acquistion you must have been fully awarae of the acqusition
4) why did you not protest?
5) all the 200 faimilies ought to have challenged acquistion as you were legally owners of land
Rajeev Kumar
(Expert) 15 November 2011
I agree with mr.sethi
prabhakar singh
(Expert) 15 November 2011
i TOO WANT TO AGREE WITH Mr.Sethi but shall not because it is wrong to agree with right things as it lessens my individuality.
Raj Kumar Makkad
(Expert) 15 November 2011
I think you have suppressed some facts from us. If registered sale-deeds had been executed in your favour during 2000 then how landlords contested acquisition proceeding instead of you in 2005 because landlords had no relation with the acquired land after making sells to you and if notices under section 4 and 6 of Land Acquisition Act had been sent to you also then why did you fail to contest on both grounds viz. no ground for acquisition and payment of your premises on market rates?
You dont keep us in darkness if you have to seek accurate legal advice free of cost.
A G SATHYANARAYANA
(Querist) 16 November 2011
I sincerely apologise for the inadvertant omission. The aquisition of the land in question is purported to have been done in the year 1986. The final notification had been issued in 1991. But this fact had been suppressed by the land lords and the builder at the time of purchase by us. Even the society did not point out the fact when so many constructions have taken place. The landlords contested the aqusition in 1990 and lost in the high court, and the high court decision was upheld by Supreme court in 1995.
I am very sorry for the omission. May I now please have the correct status ?
Thanks and regards.
A G SATHYANARAYANA
(Querist) 18 November 2011
please keep the matter open in view of the explanation submitted
