Site allocated for Public purpose in a layout - later sold out
Navamani
(Querist) 20 April 2011
This query is : Resolved
Hi,
I am Navamani, I have purchased a site and constructed a house in 2008. The site and building was duly approved by Municipality and I have also taken an home loan.
Last week, I have received a legal notice from the layout association President from Madurai High Court, stating the site in which I have constructed was allocated for public purposes in 1983. Legal Notice was served to Directorate of Town Planning, Collector, Executive Officer to the Municipality and 5 other residents of the house.
Upon detail investigation and with available documents I find the following.
1. The layout was only technically approved by the planning authority and no formal approval was given by the then local municipality.
2. This was NOT recorded in the Government Gazatte
3. No Notification was given in any leading news paper.
4. Land was not acquired in 3 years from the layout was technically approved.
5. I have taken the Encumbrance certificated for last 27 years and the property was not found in the name of government. It is very much owned by the land owners.
6. No sign boards have been keep to mark the property belongs to Local bodies or public purposes.
7. The said disputed land sizes to 13 acres of which approx 3 acres were sold out in the form of sites to various individuals by the sellers.
8. The Registrar of properties continues to register the properties as there were no records stating to debar the registration falling under that survey reference.
9. Out of 100 odd resident's only 3 residents were served with notice.
I would require your advise with some similar cases and past judgement's and your opinion on how should I proceed my counter filings.
Appreciate your help and guidence.
Navamani
(Querist) 20 April 2011
Correction
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2. This was NOT recorded in the Government Gazatte
ESTHERPRIYA
(Expert) 20 April 2011
From the detailed issue I can get that only some part of it has been illegal used by the land promoter and it is sold to you. SO only 3 of the residents are issued notice. The remaining lands are patta lands so notice cannot be issued to them. You would have checked the title at the time of buying of the property. The planning is usually given when certain lands are donated for public purpose then sanction and approval will be granted. They insist for payment of land tax till date only. They will not look in to the title of the property. SO you need to face it any how after looking the papers i can briefly give a idea regarding the dispute in the property.
Navamani
(Querist) 20 April 2011
Hi Thank you for your response.
I think I should have communicated better on the point # 9. The total layout was for 130 acres and allocated land for public purposes was 13 acres. Of the 13 acres approx 3 acres were sold to various individuals as sites in which nearly 100+ house are constructed since 1995 to till date.
I have paid the land tax as It was regularized by the municipality in 2006 for all the residents in the 3 acres. Rest of the lands are owned by the land lords till date.
Hope it explains better. Pls advise
Navamani
(Querist) 20 April 2011
The association was formed only 2010.
Y V Vishweshwar Rao
(Expert) 22 July 2011
@ Navmani -
You are right in raising the Question that;-
1- Whether the land is Transferred to Local Body by any Regd Gift Deed by Lay out applicants and possession was Delivered to the Local Body ~! ?
2- whether the Lay out is finally approved by complying all the Conditions in the provisional-Technical Approval Lay Out !
3- If the Conditions in the Provisional lay out Approval- are not complied - the Lay is not final - if Lay out is not finally approved - What is the right of the local Body to claim it as 10 % of the lay out as Open Place for public purpose -
4-Only after complying conditions in the lay our Approval and after transfer of the 10 % Open Place and Roads in the lay out the Local Body has to finally approve the Lay out and can claim the Roads and Open Places as vested in the Local Body !
This is purely my personal opinion - However-You have to verify the legal position with the local Advocates of your state - with reference to your State Local Laws regarding the Local Bodies Laws and Acts - Lay Out Rules for Lay outs etc !
with regards !
( Y V Vishweshwar Rao advocate Warangal AP )
Navamani
(Querist) 23 July 2011
Thank you Sir,
When I wrote to the concerned Planning authority for seeking the layout approval copy through RTI. They sent us a copy which did not had any signature or date of approval and also had a mention that this is not eligible for legal purpose. I did not understand this point.
Can I request you to suggest some case Judgments similar to this.
I am planning to get an additional information through RTI seeking how many site registrations have been done till date since the layout was designed for the referred survey numbers.
Also through RTI I will seek if they have any agreements signed by the land lords to accept to contribute for the public purposes.
Also I will try to get how many houses in total have been constructed in the said layout allocated for public purpose and how many vacant sites registered under the individuals.
Will all these help me in protecting my house !
Kind regards
Navaa
Y V Vishweshwar Rao
(Expert) 23 July 2011
You have to ask the Authorities to Give copies of documents as attested true or --CC- copies with Seal and signatures of the Competent Authority Under RTI Act - the purpose of asking the Documents and information under RTI Act to use them as Evidence in Court of law !
