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Subba Reddy (Manager - Contracts)     18 March 2010

Panchayat Approval

Dear Lawyer's,

I have purchased a Plot from a "Panchayat approved layout" (which will not come under DTP). Later I executed a Sale agreement in January 2010. Sale agreement say’s that, if purchaser shall not the amount by 8th March 2010, this agreement shall be null and void.

When I contacted the Purchaser in beginning of the March month, he informed me that, there is a canal (as per old documents) in between the plot and asking me to give back the advance amount.

Actually, a dry canal was there in the layout passing middle of the plots but the LAND LORD has re-routed the canal through his own land only while preparing the layout. He got the Approval for Layout, so all are purchased the plots (all the plot holders knew that canal issue).

The plots were registered 2 to 3 times, like from Owner to X, X to Y, Y to Z.. here I am “Z”..

Once panchayat approves the layout, is there any chance that, at later date someone will come up and say "the canal has to go through the plot”?? or Panchayat approval stands??

The date (8th March) mentioned in the agreement has expired; still the agreement is valid for the purchaser legally?

I request the respected lawyers to advise me on the above issues….

Thanks in advance...


 11 Replies

Rakesh Dinodia (Advocate)     18 March 2010

The layout plan of the panchayat is final in your case.


You must have raised your quarry before 8th March as the time has expired and you can do nothing. You can still send a notice to the buyer that you were present on the day of the registration in the office of the registrar but buyer didn;t come present. You proclaim that you are still ready to execute the deed otherwise advance amount shall got forfeited.


Gagan Gupta (Advocate)     18 March 2010

I suppose you are talking about proposed canal, If land has been  acquired by government  for canal how panchayat or landowner sale that to you? 

Subba Reddy (Manager - Contracts)     18 March 2010

Dear Gagan Sir.

Actually it is green (Paddy) field and the canal was there.

No water is flowing through canal and lot of peple occupied it and made the layouts because no one requires that canal, this is a different issue...

but in  our layout, the landlord has re-routed the canal (neatly constructed with concrete lining) through his own land only (since earlier canal was passng mid-way through the plots, he has re-roted) and prepared the plots and got the approval from Panchayat.. and everybody purchased the plots from that layout.

with regards

Subba Reddy (Manager - Contracts)     18 March 2010

Dear Rakesh Sir,

Since i am working long way (1000Kms away) from the place where i have plot, i haven't send a legal notice. I have a doubt that, I may be required to travel frequently there If I proceed to issue a notice to deal with the laywers..so i haven't proceed in that way.

i have a doubt here, as agreement clearly states that if he don't pay by 8th march it will be null and void..... then automatically this agreement shall be in-valid, right?? or still is valid??

I am ready to register the land to him..The problem is that, he is not ready to pay and get registered the property and said different silly things...and asking the advance back.

(Actually the problem is I sold him @ Rs 400/ Sqft..then he tried to sold (to get immediate profits) it for others and he kept on increasing the rate 400 to 425, 450, 475/sqft, suddenly the prices have dropped to lower than what i sold to him...then he started playing with me...I have no scope to reduce the price since i have purchased it a year back @ 400 )

Can he proceed legally by showing the issue of canal??? i came to know that, he is trying to proceed legally.

if he issue the legal notice, how can i proceed?

please suggest me... Thanks in advance

bhagwat patil (Property due diligence 9422773303)     18 March 2010

if the canol area aquired by govt. ROR must contain the actual area after deleting he area. now the alinment of tha canol is changed by privious owner just check the flow of canolwater goes thatway. and proced for purchase deed. if the layout is sanctioned by local body it is final.

kranthi kiran (Works In Judicial Department)     20 March 2010

The layout approval issued by the Gram Panchayath is not a vlaid one. Layout needs technical clearence from the Town & Country Planning authorities. The Second aspect is, the  aggrieved  party can appraoch the Court for specific performance of covenants of agrement with in (3) Years from the  date of agreement.

Subba Reddy (Manager - Contracts)     20 March 2010

Dear Kiran,

Can you please tell me that, Town & Country planning approval is required in Villages???? Since the layout doesn't come under DTP, is the Panchayat approval is Final???

Second aspect is, when it is clearly mentioned in Agreement "If the Purchaser doesn't pay the money in the Specified time, the agreement shall ne null and void"....do you say that, still the agreement is valid????

with Regards


kranthi kiran (Works In Judicial Department)     21 March 2010

Al the layouts in all the villages (except in the towns which fall in the jurisdiction of urban development authorities like HMDA,VUDA etc.,) needs technical approval from the Town and Country Planning Authorities.

if you belong to A.P. then refer, Andhra Pradesh Gram Panchayat Land Development (Layout and Building)

Rules, 2002.

At trail stage of the suit only, the facts, that,whcih party contravened the terms of the agreement can be decided. By agreeing to a term, and not acting thereuopn does not make the agrement null and void. You need to prove in the case, that the other side was at default.

bhagwat patil (Property due diligence 9422773303)     30 March 2010

in ur case the passing of layout is immaterial. whatever the situation at the time of agreement is the same at the date of sale deed. u have not agreed anything about the cannol or anything.so u not liable for the same. it is he should have searched the sitiuation. second part is that the time limit for any agreement is for three year he can file case before the expiry of three years . till three years u cannot sale the property. and after three years hte rates will uprise. better settle the issue. not to go with dry legal long way. options r open to u.

Vikramaditya (Jr Consultant )     02 March 2013

Here is my issue :

My father was purchased a plot in Panchayath approved (1982) layout in the year of 1983 in a village.

Total layout existed in Sr 31/1  & 32/1 to 32/9 ; total no of plots = 102


Let XYZ got GPA from the land owners of entire 32/1 to 32/9  total extent 6 Acr.  

ABC got GPA from land owners entire 31/1 total extent  4 Acr   

Total Panchayath Approved layout extent = 10 Acr, existed in Sr no 31/1 & 32/1 to 32/9.

Some of the plots fallen on the Sr 32/1 to 32/9 (not sure in 31/1) are sold by ‘XYZ’ with the signature of 32 (not sure for 31/1) land owners & saying that the plot fallen in the Sr 31 & 32 in the year 1982 only.  

Rest of the plots sold by ABC which where fallen on the both Sr numbers (31 &32), registered with 31/1 land owners signatures & saying that the plot fallen in Sr 31/1, from 1983 onwards.


After 22 years one of the former land owner of Sr 32/3 (extent .52 Acr) full extent sold to some other party in the year of 2005.

 Note: We can see the signature of XYZ GPA holder on Panchayath Approved Layout Sr 31/1 & 32 (1982).

Here my question is as per the above content, can we wipe off Sr 32/3 separate registration (2005) or not

We got a plot from the ABC GPA holder, & which is fallen (Physically) on Sr 32/3 (as per paper it is in Sr 31/1 ).


Please suggest, which is the best way to get my plot back to my control.

 One more there is no overlapping plots, between the both GPA holders.


Thanks in Advance ..!!  

Vikramaditya (Jr Consultant )     02 March 2013

Looking for a small help ,

 Can some one please provide where will get the complete Andhra Pradesh Panchayath approved land layout acts as per 1980`s information.

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