Sir,I would like to introduce myself as NR Jaganathan, a retired employee from PSU. While in service, I had l had purchased a piece of land measuring 200 sq.yds in Feb 1986. Along with me a number of employees working in Syndicate Bank also purchased plots in the survey number. Before purchasing the plots the employees of Syndicate Bank obtained legal opinion and purchasd the plots and also obtained loans from their Bank. Based on the above legal opinion I had also obtained loan from HDFC and constructed a house on the said plot ofland. In the year 1995, the Urban Land Ceiling office issued Notice dated 22.4.1995 informing that the orginal land owners have been allotted the required land under the ULC Act and the excess land are deemed to have vested bsolutely in the State Government free from all emcmbeerance with effect from 30.09.1994 under sub sec(3) of sec 10 of the Act vide notification published in the AP Gazette dt 30.9.94. Therefore the ULC Offfice has ordered all the occupants of the land in the surveynumber to surrender/deliver possession dto the Dy Tahsildar within 30 days of the service f the Notice.
Before purchase of the land, therefore a temporary structure on all the plots of land and the Gram Panchayat whch existed at that tme of purchase also gave door numbers with property taxes duly paid. dThe Gram Panchayat also gave permission for constrructing houses after approval of the building plans. Incidentally the purchse of the above plots of land with temporary strructures was registered by a sale deed before the Registraar.
For better appreciation, I am furnishing herewith the events that have taken place in the Office of the ULC:
1. The contention of the ULC is that the petitioners(we) are not bonafide purchasers as the sale transaction has dstaken place after the commencement of the ULC act and avoid under 5(3)and 10(4) of the act.
2. The original land ownners had filed statements in u/s 6(1) of the Act declaring their property. Incidentally the said plots of land were notpurchased from the original owners but were purchased from the vendors(who were his kith and kin) who had acquired from the originl owners through oral deed of partitionineffected in 1975 . As the above plots of land were sold for less than Rs.100/-, and vacant lkpossession of the plots was hand3ed over to the kit and kin ie. purchasers, the partition deed was notarised.
3. The ULC office had enquired into the statements and after verifying, draft statement u/s 8(1) and notice u/s 8(3) issued on 11.4.84 to the owners of the land determing the surplus area in the said survey, with direction to file objections if any to the draft statement within 30 days from the date of its receipt. The draft statement was served on the owners on 18.4.84. In response, the owners had file a petiton on 18.5.84 raising certain objections. After due enquiry orders u/s8(4) and final statement u/s 9 of the Act issued on 2.9.85 whle allowing equal sharestothe owners as this was ancestral property based on the occupancy certificate right lkgranted by the RDO issued proceedings dt 25.10.78.
4.The orders issued u/s 8(4) and final statement u/s.9 of the act has been served on the declarants(owners) on 11.4.85. The Notification u/s10(1)of the act issued 7.3.86 and published in the Gazette dt 20.3.86(before which date we had purchased the abovesaid plots of land). After publication of the notification u/s10(1), declaration u/s10(3) of the Act was issued on 12.8.94 and published in the Gazette dt 15.9.94 informing that the land re deemed to have been acquired by the State Government and vested absolutely inthe State Govt with effect from 30.9.94.
In view of the foregoiing, and we the occupants of the said plots of land having already acquired the plots of land with temporary strructures before the said date of notification and also obtained due approvals from the comptent auithoritiers for constrru ction of the houses and completed constrruction of the houses before the notification date, is there any requirement to regularise the allotments of the land under GO Ms No.747 dated 18.6.2008.
I shall be grateful, if you could kindly advise me on the further course of action.
