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Recovery of pocession and Declaration of title

(Querist) 26 May 2009 This query is : Resolved 
A group of people had house plots which they purchased from owner and got registration.The same land government alloted to one corporate company. The plot owners filed writ of mandamous against the government. The writ dismissed by the High court directing the petitioner to go to the civil court to prove there title.
Q1. The owners should give statutory notice to the governemnt before filing the suit?

Q2.The owners should file suit for recovery of pocession and declaration of tile or claim for compensation for their plots?

Khaleel Ahmed,
Hyderabad
Guest (Expert) 26 May 2009
Please refer your state's 'land acquisition act'. Before allotting land to corporate company, the Govt surely would have taken survey of the area and published its' report. If some private persons lands are falling between such allotment, the Government must have passed some GO regarding fixation of price etc., Go through them. If the compensation allowed by the Govt is lesser, you can approach the Civil Court to enhance it. There is no necessity of giving statutory notice to govt for filing this suit. (because you will have to submit an application to the Collector for revision of compensation and after his refusal only you are approaching court). Further, the suit will be for enhancing of compensation only.

Prior to this, just confirm that whether the seller was in knowledge about the land acquisition/allotment. If knowingly he has sold the plots, you can seek compensation from him, too.
Y V Vishweshwar Rao (Expert) 27 May 2009
I Agree with lrd Friend Sri Sivasubramanian and further add that ;-

There is title Dispute !

The Govt alloted the land to Corproate Company - is it Govt land or Govt Acquired Private land

If it is Govt land , whether the Vendor of WP Petitioenrs had alienable title to sell

If the Land is acquired by Govt from the Predecessors/Vendors of the WP Petitiioners

The Directions in WP to file Civil Suit to prove title of the WP Petitioners, to be cosnidered in detail, with furhter details of the Case

However the Suit can be filed after issuign Notice Under Sec 80 CPC or it can be dispenced with by filing a Petition, if there is urgency

The Suti can be for Title Declaration and recovery of Possession if it is not acqired .( if the Govt has no title to allot the ladn to some others )

If it is acquird by Govt,suit/case for Compesation
Sreedhar Valiveti (Expert) 25 June 2009
Respected sir,

Please confirm when did you purchased the land?
When the government has allotted the same to land? Have you verified the allotment GO to the said company?

As per your query it is learnt that owner intentionally cheated all of you.

Filing writ petition is not a proper way. Before that you have to file a revision petition before concerned Collector and after receiving the same only, we can came to a conclusion.

If the same is already a govt. land or already acquired by govt before your purchase then you have to file a petition against the pervious owner of the property in either civil/criminal or both. (Depending upon the strength of documents)

If the same was an acquired by govt subsequent to your purchase, then you can claim compensation from govt and i thing up to that extent govt may already passed the same.

so, you please first cause enquiry with concerned collector office in this regard for moving further.


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