REGULARISATION OF PLOT PURCHASED IN AUCTION
B.K.GUPTA...
(Querist) 14 August 2009
This query is : Resolved
STATE GOVT. PERMITTED REULARISATION OF PLOT PURCHASED IN AUCTION FROM UIT AFTER AUTOMATIC CANCELLATION.BUT,IN THE MEANTIME THE SCHEME WAS TRANSFERRED TO MUNICIPAL COUNCIL.ALTHOUGH THE MINISTER IS SAME MUNICIPAL COUNCIL IS TAKING PLEA THAT ORDERS OF URBAN DEVELOPEMENT ARE NOT BINDING ON THEM.FIRST APPELLATE COURT ALSO ACCEPTED THEIR SUBMISSION ON A CITATION OF TRANSFER MATTER OF A LDC FROM UIT TO MUNICIPAL COUNCIL.ALTHOUGH SECOND APPEAL HAS BEEN PREFERRED BUT AS AT ADMISSION STAGE ONLY A FEW SECONDS ARE ALLOWED I AM AFRAID OF IT. ANY REMEDY?PERVERSE FINDINGS ARE ALSO THERE.
Y V Vishweshwar Rao
(Expert) 14 August 2009
A Rule or Law as applicable to Individual Persons shall also apply to the Local Bodies /UDA or Municipal Corproation .
If the Plot was not in order and it has to beregualrised !
However the Subject matter is under the Same Department -Minister , the said Department can take a favourable view and may give some benifits in this regard !
A Direction to Secretary of the Said Department , for a favourable consideration , may be prayed for !
B.K.GUPTA...
(Querist) 18 August 2009
THANKS FOR YOUR CONCERN. WHEN A SCHEME IS COMPLETED IT IS TRANSFERRED TO MUNICIPAL COUNCIL & IT IS SPECIFICALLY MENTIONED IN TRANSFER DOCUMENT THAT"ASSETS & LIABILITIES WILL BE OF MUNICIPAL COUNCIL".IN MY CASE WHEN GOVT.ASKED FOR REPORT FROM UIT,IT CAME IN THE KNOWLEDGE OF SANCTIONING AUTHORITY & THEREFORE PRIOR APPROVAL WAS TAKEN & THEN THE ORDER FOR REGULARIZATION WAS DIRECTLY ADDRESSED TO MUN. COUNCIL.I FILED INJUNCTION SUIT ALSO AS IN THE MEANTIME MUN.COUNCIL AUCTIONED IT.DURING THE PENDECY OF INJ. SUIT AMOUNT PAID WAS RETURNED TO THE PURCHASER BUT MC IS NOT GIVING IT TO ME.LOWER COURT & 1ST APP.COURT HAVE DISMISSED,2ND APPEAL IS IN ADMISSION STAGE BUT AS AT ADMISSION STAGE FEW SECONDS ARE GIVEN I AM AFRAID.I ALSO MET MINISTER BUT THE DIRCTOR OFFICE OF MUN. COUNCIL IS SUPPORTING MUN. COUNCIL AS FRESH AUCTION WILL FETCH HANDSOME AMOUNT.IN LOWER COURT MUN. COUNCIL GAVE FALSE AFFIDAVIT WITH WRITTEN REPLY,BUT COURT DID NOT TAKE NOTICE.
