Application of btal act 63 1a

krutika (Querist) 16 June 2012 This query is : Resolved
Dear Sir,
Dear Sir,
Our company Pvt ltd purchased a piece of land in 1985 and converted it into industrial land for industrial use with NOC and N/A and all due permissions in 1986 company fell sick in 1989/1990 now after 28 years the orignal owner is claiming the land back under 63 1A please clarify whether section 63 1A is applicable to our case as per the amendment 1994 as we purchased the land in 1985 of area less than 1 hectare(2.5) acre and what legal action can we take against, what can we do to prove ourselves right.

Im eagerly waiting for your reply.

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Devajyoti Barman (Expert) 16 June 2012
First clarify whether Official Liquidator has been discharged from its office or not?

bhagwat patil (Expert) 16 June 2012
You have stated your co."fell sick." your co.might have stopped operations and facing the litigation s of lenders,If it declared as sick unit the que.of official liquidator arises. Secondly you have stated that you had obtained ind NA in 1986,during the process of NA the District Collector verifies the ownership of the land. If the NA permission is of your companies name it is full proof of ownership, the previous seller cannot claim anything.63 1A is only for bypass of ind NA procedure which you had completed in 1989 itself.

krutika (Querist) 16 June 2012
our company fell sick because one of the partners expired but there is no litigation from lenders it is not declared sick at present all the shares are owned by my parents and we have procured NOC, N/A and paid tax regulary and all permissions from gram panchayat we also have director of general air pollution, water pollution permissions and town planning permissions also at present the seller has passed away his son is claiming that he is eligible for getting the land back under 63 1A he says he has applied to the collector and given a public notice in a local daily about 8 months back but we have not yet received any notice from the collector but he is trying to forcibly put a signboard on our land claiming that there is a case pending with the collector and harassing us.
1)What actions can we take to prevent this?
2)Can we sell the land without any problems?
THANKS for the prompt reply.

krutika (Querist) 16 June 2012
there is no official liquidator appointed as yet there are no lenders claims on the company

Shashikant V. Patil (Expert) 16 June 2012
I agreed with Mr. Bhagwat Patil. Section 63(1)A is not applicable because it is inserted in the year 1994. As your purchase is in 1985 and got converted into NA in 1986. Original seller cannot claim because 63 (1)A cannot take retrospective effect.