lease and Free hold lands
T.R. Ganesan
(Querist) 24 October 2010
This query is : Resolved
Respected Experts, Shri. R. Ramachandran, Shri. Subrmanian, Shri. Parthsarathy L. and all other Experts.
The subject matter has been answered by the experts above.
My question is in respect of Lease and Free hold lands under the roof of Maharashtra Government floated the City and Industrial Development Corporation of Maharashtra Limited (CIDCO)of which negligible percentage of the land has been utilized by CIDCO itself for Housing allotted to the Higher, Middle, Lower and Lowest income groups on 60 years Lease, play grounds, educational and Religious institutions,amusement parks etc. Major part of the land are being sold to private entrepreneurs for development on 90 lease. These private business entrepreneurs majority of them are socalled Developers/Builders who make quick and brisk huge profits and run away after selling their respective property. There are many aspirants gain financially including small Estate Agents.
1) Can there be 2 set of rules under one Government to purchase and hold land. One is forever and another is for a given period of 60/90 years? The free hold land owner can enjoy the property right generations to generations where as the leassee or the next generations are to be at the mercy of the then Government?
What is the legal remedy to get this as free hold land as that of other area Mumbai lands are Free-hold?.
T.R. Ganesan
R.Ramachandran
(Expert) 24 October 2010
Dear Mr. Ganesan,
If I own a property, then I have every right to do whatever that I want to do with it. For example, I may sell it; or I may lease it out; or I may even keep it idle etc. etc.
Similarly, if any land is owned by government, then it is for it to decide as to how it wants to deal with it. It may choose to sell some, to lease out some, and yet do not do anything about rest of the lands.
Thus, one cannot compel any one as to how one has to deal with one's own land.
Yes, one can persuade the government to consider releasing the lease hold lands as free hold lands. Many a times such things have happened.
