Kiran (Consultant) 10 September 2010

Unauthorised Layout

Hi Everyone,

I have a question.

X owns 50 acres of residential land. He decides to make a residential layout and creates 500 plots, with facilties like road, clubhouse and garden. The plots are sold to individuals and over a period of time and many homes come up. The government agency finds after some years that this layout does not have approvals from it(There is nothing else wrong with the layout, it is a perfect land but the developer just didnt apply for the permission). In case, it decides to demolish it to its original state:

1)Can a case be filed against the developer for cheating the people who lost thier homes?

2)In case the demotion happens, will the land go back to the developer or it still belongs to the people who bought it.

3) In case the plot owners go to court, Will the original land owner get the original 50 acres and all the people who bought idividual plots from him are homeless?

4)Can the plot owners, form an association and apply for approval from the governement authority once the demolition is complete? Or they lose the control of land?

Rgds,

Kiran

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5 Replies

Mugundhan (Lawyer) 10 September 2010

It all depends on the state in which the land is situated. The policy and law relating to layouts and conversion of agricultural lands to housing plots varies drastically from state to state.

Kiran (Consultant) 10 September 2010

HI Mr Mugundan,

The land in quesion is in Bangalore, Karnataka. And btw, it is a residential land (and not a agricultural land), which means it has already been converted from agricultrual to residential purposes.

Thanks,

Kiran

Kiran (Consultant) 18 September 2010

Could someone pls answer the question?

Thanks and Regards,

Kiran

Bharatkumar (ADVOCATE ) 18 September 2010

This is a non-agriculture land so land is clear but developer has not put up plan in Government Authority. so you file a case against the developer for cheating. U paid a money so u colect the money receipt and letter of plot no. ---- and plot area ------ sq.yard from developer. Further u check a legal file of this site and loan paper and title certificate.

Kiran (Consultant) 18 September 2010

Thanks Mr. Bharatkumar. So, if we file a legal case, what would be the likely outcome. Will the land be handed back to the developer who cheated the people or would be handed back to some association (which inturn can apply for approval) and hand over the sites to the people who had initially bought the site and staying for many years?