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Kulbir   21 August 2015

Rights to apply for na if i am the leasee (2nd rights holder

Hello Everybody,

First of a big thank you for taking such a lovely initiative and helping so many people like us..

Coming to the problem i am facing is..

We were holding agricultural land in Ahmedabad since 1948 and my father was a farmer. Our land was acquired by the Ahmedabad Municipal Corporation for Sewage Farm Project and we were allocated 1/3 of the land orignally held by us as a settlement/ compensation for giving away 65% land to the AMC. this allocation was done on the basis of a "PERMANENT LEASE DEED" made by the AMC as the Leasor and Famer (myself) as the Leasee. The agreement categorially says THE LESSOR HEREBY DEMISE UNTO THE LESEE.. THE LAND WITH ALL RIGHTS, PRIVILEGES, ASSIGNMENTS AND APPENDAGES AND APPURTENANCES OF WHATSOEVER NATURE RELATED TO THE DEMISED PREMISES

apart from that the following facts substantiate the use of this land from agricultural to non Agricultural.

  1. Standing Committee Notification (Exhibit 3) mentions “all rights given and to be treated as a deemed owner.” 
  2. Submitted AMC Document dated 19/12/2014 stating OUR RIGHTS to apply for NA.  
  3. Submitted AMC opinion of NO OBJECTIONS FOR NA APPLICATION twice 
  4. Govt. of Gujarat vide Gazette dtd.10/06/2013 has announced this land as Industrial.
  5. The AMC also has already declared use of this land as Industrial General vide Zoning Certificate dtd. 17/08/2013.  
  6. 7/12 document mentions the name of AMC as 1st right holder and my name as 2nd rights holder

 

We applied for NA Certificate in February 2014 and our file has been rejected on 4  frivilous different occasions. Upon meeting the collector he agreed to re consider my file but now says that we being the 2nd rights holder, being the LEase rights holder donot have the rights to apply for NA. Under Section 65 or any other provision there is no provision where in a Permanent Leasee can apply for NA even though the 1st right holder has given NOC for the same. i find this strange that though AMC has given us the noc to apply for NA, they have also given us written permission saying that we can apply anywhere we wish to. then too the collector office dont want to accept this, they say that AMC has to apply. why on earth will AMC apply.. 1st of all they have taken away our 65% and we never have our say in what and how they have used that land.. they do not need our permission for the 65% they have taken away.. we are left with 35% and we take their permission as and when required and the collector office do not want to accept this application only because AMC has not applied !! AMC has not raised any objections whatsoever , i have a NOC ordered by the Municipal Commissioner..

Please guide me if there are any provisions under section 65 or anyother where in the collector can accept my file..

also under the collectors manual, the collector is supposed to help development of industries in the state and quickly give NA permission for Industrial use.. (section 3.16c page 748, collectors manual) 

please help me with your valuable advise..  i can be contacted on this forum or email id arorakulbir@gmail.com or 09898509669. i am open to the fact if someone chooses to take my query professionally then i shall be happy to pay their fees and take their advise..

thanks once again..



 2 Replies

bhagwat patil (Property due diligence 9422773303)     21 August 2015

As you say 65%of your land is aquired by AMC leaving 35%to you.No question arised only because of the term PERMANENT LEASE DEED.If it would as the 35%of the land is exlueded from aquisition,there no problem persist.In your case remedy is get the 7/12 separated of your land.

1 Like

Kulbir   21 August 2015

THANK you for your prompt reply Mr. Patil. yours is a nice suggestion, but i am sorry i forgot to mention one more part. We were orginally tenants of the AMC since 1948 and we were holding land A but when they gave us 35% they took all 100% of land A and gave us 35% of land in Plot B, hence our name which was in 7/12 of land A is no longer there and our name is registered in 7/12 of the new land in Plot B. as permanent leasee.. in this scenario can we still get our 7/12 seperated ? i am not an expert on this but i am sure the AMC officials will not agree to do this for me ?

is there any other option/remedy ?


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