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sastry chada   10 March 2016

Urban land ceiling act in telangana

I intend to purchase an apartment located in Narasimhareddy Nagar, Malkajgiri, Hyderabad. It was constructed under survey no. s915/1, 96/1,917/1,918/1,919/1,920/1 and 921/1.

It is mentioned in the link document that the vendors obtained a Certificate from the Urban Lanfd Ceiling Authority, Hyderabad for the above sy.no.s to the  effect that the said land is not covered by ULC Act, 1976. through their lr.no. C1/5102/78, dated 06-12-1978.

As the copy of said ULC proceedings are not available with the present vendor, how can I proceed to complete the purchase transaction.  The current sub registrar is objecting to register the property without produing the ULC clearance.  He is saying that some govt fee (depending upon the value of the property)  is to be paid if we fail to produce the copy of the ULC clerance.

Pl clarify.

 

 

 



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 5 Replies

dr g balakrishnan (advocate/counsel supreme court)     12 March 2016

you apply for ULC proceedings copy with relevant ULC authority, it is better to obtain and that way your future is some what better as there is two  states funtioning at hyd in different contexts,

raju123 (md)     27 May 2016

sir,

we (10 persons jointly) purchased  2 acres of open land in sy. 62 at madhapur village RR Dist Telanagan in auction conducted byHigh court of Hyderabad (prevoiously high court of AP) in the year 2004 feb, which was taken in custody of court many years back. 

(1) sale deed was registered by High court  (2) concern MRO change our names in revenve records (3) NOC from collector optained (4) as the land close to water boby optained portion of land effected in FTL  certificate issued by irrigation & MRO jointly (4) convertion of portion of land from recreation to commercial use also done -  GO issued in 2009 after repeal of act / now ULC Department said they issued notices as per ULC Act to original owner as acquired under 10(6).

points to consider:

1) high court sale deed says court is not a person hence ULC will not be effect 

2) government it self acceted through above GO that portion of appx 1700 sq. mtrs convertion from recreation to commercial. means commercial land become after the above GO by the time act was repeal. 

3) section 2 G(1) of ULC Act clearly says where construction of buildings are not allowed will not effect in ULC

4) Sale deed of link documents clearly speak that its agricultural land.

 

what to dooooo

 

dr g balakrishnan (advocate/counsel supreme court)     27 May 2016

it is agricultural land u cannot construct buildings as long as there is no NA graned by the district collectpr.

dr g balakrishnan (advocate/counsel supreme court)     27 May 2016

Use the land for some very many agricultural activities; like vegetables. greens and what not, till u get NA clearance sir.

raju123 (md)     09 June 2017

Dear dr sri g balakrishnan garu, i like to thanks to you highcourt is accepted our wp and gave positive orders. Rajendra Agarwal

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