Land problem - kul kayada( tenabcy act)
Somnath subhash subakade
(Querist) 20 January 2013
This query is : Resolved
Respected sir/madam,
We have purchased a land 1000 sq ft in the year 1983 in aalandi devachi,pune,tehsil khed(village comes under PMC teritory).we have kharedi-khat( agreement),index 2,7/12 extract with us but 7/12 extract shows the said land 1000 sqft. belongs to state govt.i.e. sarkaarjama(maharashtra govt), and also 6/12 extract ( pherphar patrak) shows 84-c land comes under kul kayaada(tenancy act). Please advice how to get our land back from state govt. At the time of agreement we were not farmer but now we are farmer and we have official copy of 7/12 extract of other land in shirur village on my mothers name.
Raj Kumar Makkad
(Expert) 20 January 2013
If a land is already vesting in the name of State of Maharashtra, legally you cannot make any agreement to purchase the same from any private person as he is not its owner and thus the entire proceeding is illegal.
There is even no use to initiate any legal proceeding thereto without first going through the mutation vide which the name of the State was entered as owner to that land.
Consult a local lawyer dealing in civil side of your area with relevant documents.
bhagwat patil
(Expert) 21 January 2013
It is very true that civil court has no right in provisions of BTAL act.If the agricultural land is vested to govt.[sarakarjama]by vertue of breach of conditions of tenure[shart bhang] it can be restored back to the owner in appeal to SDO. Secondly you say that u were not a former at the time of purchase deed and now you are.It shows that you got the ownership of agricultural land by inherent right by your parents,if so you had a right of purchase of agricultural land at the time of purchase deed also.Alandi Devachi is not included in PMC limits till date.
Raj Kumar Makkad
(Expert) 21 January 2013
I pay special thanks to patil for highlighting some more aspects of local procedure of Maharashtra in such cases.
