(Querist) 27 February 2015
This query is : Resolved
i want to know provisions of sarfaesi act will be applicable to land situated in town area?for creation of mortgage in notified area land which is not declared non agricultural ? but building plan has been sanctioned by prescribed authority in such land,sarfaesi act will be enforceable or not ?
(Querist) 01 March 2015
respected friends if someone dont know the answer of the question dont say it academic
(Expert) 01 March 2015
Thanks for your advice, "if someone dont know the answer of the question dont say it academic." I wonder, on what yardstick you have decided that the experts, who termed your query as academic query, do not know the answer?
It is to point out that if specific problem is not discussed, reply to academic type of question tend to arise several more academic questions of general nature, when the problem of the querist is not covered by generic answer, tending to waste time of the experts as well as the querists, himself.
So, if any expert points out a query to be academic, the querist is expected to take the hint that the real problem in specific is required to be discussed.
Now, in your case only, even on giving clear hint by asking you to give to the point brief of the case, you have preferred not to reply my query for the last two days. Contrarily, you have come forward with your advice for those from you expect solution to your problem. IS THERE ANY SPECIFIC REASON FOR YOUR SILENCE ON MY QUERY?
Moreover, as an advocate, you must be aware of the fact that solution to a legal problem differs from case to case depending from the STATE, characteristics, background history and circumstances of the event. As an advocate, you cannot expect a common solution to all the problems pertaining to sarfaesi act.
Still further, as an advocate, you could also go through the sarfaesi act to find out the jurisdictional applicability of the act in different states of India, specifically which you have omitted to make any mention about the state/ district to which the problem relates.
(Querist) 10 March 2015
respected P.S.DHINGRA SIR
1. As per Section 31(i) of SARFAESI Act,2002 Security interest can not be created on Agricultural land,
2. Before the DRT at Kolkata, there are several instances when the borrower has alleged that the mortgaged property is agricultural land for which Bank can not sell the same,
3. DRT has rejected those applications if it is found that there has been no agriculture done on the said land recently and allowed the sale,
4. In your case building also has been constructed with appropriate sanction,
5. So, it appears that the said property can be mortgaged since the land can no longer be treated as agricultural land,
6. It is not understood as to hoe an agricultural land has been notified, who notified it and what has been mentioned in the said notification regarding creation of mortgage of land in the said notified area,
7. There is nothing specifically mentioned in SARFAESI Act,2002 barring the Bank in mortgaging land located in Notified Area.
actually experience is most important thing which understands what the matter is..... and what could be solution of it ...may be person is unable to describe it according to law bt an experienced lawyer can
(Expert) 10 March 2015
Again thanks for your another dictation. I am thrilled with that also.
But, with reference to your statement, "actually experience is most important thing which understands what the matter is..... and what could be solution of it ...may be person is unable to describe it according to law bt an experienced lawyer can," I wonder, as a lawyer, if you venture to take up legal cases without description of the case history by your clients, merely by use of your understanding on his mere brief mention about the type of the case.
Moreover, can you point out where I have termed your query as an academic query? My first query in reponse to your query was, "Specific problem can have specific solution. Please give to the point brief of the case." In my second response, I just made a mention, of the TYPE of query, but I still did not term that as academic query.
However, my second response was only to send a feeler to you about the visible unwarranted arrogance and direction aimed at others, i.e., "if someone dont know the answer of the question dont say it academic." But, you preferred to write, as if I don't have any understanding about the matter.
I hope you would like to appreciate that a knowledge seeker should be humble if he is desirous of any help from others, specifically on the open platform, where every visitor notices the behaviour of the author of the reply or remarks and has the need to avoid use of arrogant or dictatorial language for the experts.
You also need to know that if someone has written something, he may be curious to help you to find and suggest some appropriate solution for your problem, provided the problem is appropriately discussed. In fact, your problem, without background case history was nothing except an academic query.
Not only through your initial query, but also even now, from the term "notified area", as used by you it cannot be construed "notified FOR WHAT PURPOSE OR UNDER WHOSE JURISDICTION," i.e., whether comprised within the jurisdiction of a municipality, notified area committee, town area committee, or a cantonment board (for artillary practice), or for industrial township, and with how much population.
Do you believe anybody can undrstand your problem without specific information just on account of his experience?
If you talk about experience, even from the point of view of your own experience, you could well have conceived that if some area is notified and put under the jurisdiction of any such authority, that could have been notified NOT for agricultural use, but for conversion from agricultural land use to land use for some other use (a matter of commonsense and not even a bit of experience).