Ptcl act
Shankar Reddy
(Querist) 09 February 2012
This query is : Resolved
Hi experts
Can I get any case law that favoured purchasers who are built houses on granted lands which have sold in 1974 by hakdars of Inamland with permission to alienate by a Asst.Commissioner
thanks in advance
Shankar Reddy
(Querist) 09 February 2012
Dear Snajeev murthy Sir
the said enam lands were regranted to SC/ST's
in 1970 by Asst.Commnr.with permission to alienate.They have sold in 1974 to a co-op.housing society which sold to its members and changed so many hands,houses are constructed on entire land, now can the govt.reclaim the said land. Is there any way to fight in the court of law
thanks in advance for your kind advise
Raj Kumar Makkad
(Expert) 09 February 2012
Definitely the occupiers of such land can challenge the notification of State before High Court. The State authorities should have awaken a long ago when the allottes had sold the land to housing society which further sold to its members and then to various hands. Buildings are standing there with light, sewerage and other amenities. State cannot re-claim it in the given facts.
sanjeev murthy desai
(Expert) 10 February 2012
In Karnataka Assistant commissioner do not have authority to reclaim. However, transfer of agri lands in favour of non agriculturist is prohibited in karnataka. In your case, if co-operative society without conversion of such lands acquired from grantees then Assistant commissioner has authority to reclaim.
