Plot under town planning reservation
anish
(Querist) 30 September 2013
This query is : Resolved
sir
There was one plot ad-measuring 18433 sq. mt situated in city of Ahmedabad.
The said plot was covered under town Planning scheme which was finalized and sanctioned by govt. on 29.10.93. Above plot was then converted to a Final Plot (FP) ad-measuring 14591 sq mt. It was decided by town planning authority to reserve this entire FP for slum clearing housing and staff quarters for post & telegraph dept. Later on this plot was subdivided into sub plots as follows:
(1) 2463 sq mt. (2) 2625 sq mt. (3) 1987 sq mt. (4) 7316 sq mt.
It was then decided to reserve only sub plot 4 of above FP for post and telegraph staff housing by govt, notification. No procedure for sale agreement or acquisition was carried out by local authority for more than 10 years. The owners of sub plot no 4 then issued notice dt. 29.01.2005 under sec 20(2) of Gujarat Town planning act for initiating action for purchase or sale agreement to be done within 6 months. When no further action was done by authority owners filed special civil application in high court demanding possession of above plot as by default they become owners by virtue of sec 20 of Guj Town planning & Urban Development Act 1976.
High court made following observation: “since this is apparently not a case of reservation under development plan………….. contention of plaintiff that reservation would lapse on account of inaction on part of authorities within 6 months of issuance of notice under sub sec 2 of sec 20 of Guj Town planning & Urban Development Act 1976 cannot be accepted”
The petitioners were directed to approach Municipal Corporation again with their grievances.
We want to purchase above plot. Our queries are:
1) Is there a difference between reservation under Development Plan(DP) and Town Planning(TP)?
2) In TP plots are re arranged after taking away areas needed by government and re-sized, reduced plots are given back to owners. So issue of keeping any further reservation in TP should not arise. Is it correct?
3) We were told there is supreme court judgment where in if authority do not take action for acquisition, purchase after a lapse of 10 years & further period of 6 months after issuance of notice from owners to authorities, plot will vest with owners. Does the same judgment apply in our case where reservation is in TP and not under DP ?
3) What procedure should be followed to legally take back possession and ownership rights in favor of plot owners?
R.K Nanda
(Expert) 10 October 2013
consult lawyer personally as ur case is complicated.
