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Amit Gautam (Lead)     10 August 2012

Purchase a land having reservation

Dear members,

I want to purchase land for residential purpose in Pune. The land has legal NA order passed. However, when I read the NA order and spoke with the owner of the plot, I came to know that the State Govt has imposed reservation of 'IT Park' on that entire plot (it conatins many other plot and builder sold them to individuals and now it is more like a residential society). People have purchased it but no one has built the home yet. The 'IT Park'  reservation was imposed in 1998 but the land was never aquired by Govt.

My questions are -

1. Is it fine to purchase this land with purpose of building the house?

2. Is there any chance that Govt will aquire it in future?

3. Will the society get legal nod in future?

 

Regards,



Learning

 4 Replies

Amit Gautam (Lead)     10 August 2012

The land is outside the limits of Municipal Corp. And falls under 'Gram Panchayat' of nearby village.

surjit singh (Assistant)     10 August 2012

It appears it is not advisable  to go for the deal

Adv. Animesh Gaba (Legal Consultanat)     11 August 2012

dear amit , 

                  1) no dnt do that mistake by mistake also ...

                   2) yes goverment goverment and property is not clear due to which construction is nt done overe dere .....

                  3) it depends on papers , persumptions r nt listen ... 

S Jadhav 98336 98330 (Jadhav & Associates)     11 August 2012

If the property is within city limits, then the Municipal Corporation can make development plan that is published. The Pune Development plan is also available and you can verify that the plot is under reservation or not.

If the plot is actually under reservation, then it is not advisable to purchase it for a different purpose unless you have a reason to believe that the reservation may be changed.

If the plot is outside the city limits, then the gram panchayat will be able to change its usage provided you also obtain a revised N A certificate issued by the Collector permitting you to use the plot for the purpose intended i.e. residential before you purchase the property or pay the entire amount of consideration. Till then, you may pay an earnest money amount and the balance on change of reservation.

S Jadhav


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