Right to property
AKILA SAINATHAN
(Querist) 15 June 2012
This query is : Resolved
50 members purchased 1 ground totally 3.18 acres in the year 1988 and some of them was in possession of the said land. In the year 2002 what happens one lady who is the wife of an ex-service man claimed property from government as that her husband was allotted with 3.18 acres in the year 1967 at some place but the same was taken by the government so she claimed alternative land from the government. the high court ordered the collector to give an alternative land to that lady. At that time these poor 50 peoples made representation to give patta to their respective lands was pending before the statutory authorities. and in the land registry the land was described as "ANADEENAM". THE collector wrongly assigned these poor 50 peoples land to that lady for the order made by the court. Now the poor people lost their land due the wrong committed by the statutory authorities. now the lady entered into joint development with builder and selling the government assigned land to 200 crore. what is the position of that 50 poor people , right to property is guaranteed under article 300A. whereas the assignment order of that lady reads as that she could not alliante the property to any third party without the permission of the court. now she violating this condition. and can she do real estate business in the government land and earn 200 crores of rupees. what is the legal remedy?
ajay sethi
(Expert) 15 June 2012
if she has entered into agreement for sale of land contrary to terms and condions laid down by allotment letter then the sale can be challenged as no prior court permission has been obtained .
contact a local lawyer . necessary to see terms and condions of allotment
AKILA SAINATHAN
(Querist) 15 June 2012
i am advocate only sir. i dealing with this case so i need some information and advise to conduct the case. my writ petition was dismissed on the ground that already civil case is pending against the same issue. but in civil court we can establish only our title whereas in the writ court only we can challenge the entire assignement made over to that lady but unfortunately case is dismissed. now i am in the stand to protect the interest of the poor peoples.
Nadeem Qureshi
(Expert) 15 June 2012
Dear Akila
you are also an Advocate and know very well that we are here only for help of the people who can not bear the lawyer fee, you should search judgement through the Journals and other books, law judgments and SC judgment information system.
