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Sinjith Goud   17 July 2020

Regarding land

Hello! Sir

one of my friends had purchased a residential building before 8 years and the building was demolished recently to build a new one. when they approached municipal authorities for building permission they rejected by saying that the plot which was purchased by them was alotted to park. After a thorough enquiry we came to know that pattedar who sold the land to my friend has revised the layout plan after its sale, changed it from marked plot to park and submitted the same to municipal authorities and got approved.

now the pattedar and his legal heirs are dead and also municipal authorities are not permitting my friend to build a a new home despite of having a clear title over his land.
 

does this problem have a solution ?



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 8 Replies

Sunayana Chhabra   18 July 2020

Yes, you should send a legal notice to the authority and even if it doesn't permit you then file a writ petition in the High Court. Feel free to contact at sunayana122@gmail.com for further assistance.

Dr J C Vashista (Advocate)     18 July 2020

Originally posted by : Sinjith Goud
Hello! Sir

one of my friends had purchased a residential building before 8 years and the building was demolished recently to build a new one. when they approached municipal authorities for building permission they rejected by saying that the plot which was purchased by them was alotted to park. After a thorough enquiry we came to know that pattedar who sold the land to my friend has revised the layout plan after its sale, changed it from marked plot to park and submitted the same to municipal authorities and got approved.

now the pattedar and his legal heirs are dead and also municipal authorities are not permitting my friend to build a a new home despite of having a clear title over his land.
 

does this problem have a solution ?

Sinjith Goud,

The property was stated to have been purchased 8 years back by your "friend" when it was free from encumbrance, did your friend check/ searched title of the property especially qua acquisition.

Municipal authorities can not change status of a private property at their own, without any intimation, however, if so, was your friend unaware qua earmarking the plot for development of park? Challange it before appropriate authority.

 The title of subject property is stated to be with your "friend" accordingly you are advocating for your "friend" and it is not your case, what is your locus standi /concern to the query.

G.L.N. Prasad (Retired employee.)     18 July 2020

Was the building purchased by your friend is having valid approval, plan and mutation in municipal records and tax payment records for all 8 years?

Sinjith Goud   18 July 2020

Yes sir they have all the tax receipts mutations and others

P. Venu (Advocate)     18 July 2020

The posting is based on wrong information. The reservation of the plot for a particular purpose could have been because of the master plan, not because of the earlier plot holder.

G.L.N. Prasad (Retired employee.)     18 July 2020

It is not clear.   When a private developer undertakes the development of a vast stretch of private land through tens of residential plots, the permission of such outlay is subject to some stipulations like a reservation for Park, school, hospital etc. when it is far from residential area.  Unless the developer shows such plots, approvals can not be given for the entire lay out.

P. Venu (Advocate)     18 July 2020

The original query does not disclose, anywhere, that the plot was part of a residential complex.

G.L.N. Prasad (Retired employee.)     18 July 2020

Original query:  'my friends had purchased a residential building before 8 years and the building was demolished"   "they have all the tax receipts mutations and others"


 


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