Please go through the attached file if the contents here are not legible.
The FACTs of the case is as follows :-
I own a piece of land now, where I have a set a factory. I purchased the land in the year 2011. Initially the land was an agri-land, hence its use has to be diverted to commercial purpose which I did lawfully following all the procedures of land diversion and finally got my land diverted for setting my factory.
Now, the Sarpanch of the village raised an objection to Tehsil office stating the land in the discussion is a land given by government as Bhudaan and hence it is illegal for setting up a factory there. His prime objection is that the Land in the question is Bhudaan land, hence illegal for setting up a factory.
Lets understand the background of the case via timeline of the land ownership and various events amidst that.
Based on the above events, I need advice on the following :-
- Can sons of Mr. A (B, C, D) sell the land without the permission of the collector?
The land was given (Bhudan) to Mr A for his livelihood and the condition of taking permission before selling was just to prevent the misuse of the land (than its intended purpose) for Mr A. Sons of Mr. A may not be dependent on that land for their living, hence sold off.
- At the time of registry of land, there is statement taken from Patwari on some clauses related to Land, based on which Registrar Office does the registry of land. Patwari, in all the registry documents, specifically stated that the land is not a “Shashkiye Patte ki Bhumi”. When Patwari himself stated on record that its not a government granted land, then how can he now claim land to be Bhudaan land. How strong does this document stand in the court of law for proving our land not to be bhudaan land?
- Form B-1, Form P2 issued to Mr. B, C, D and later parties, specifically mentioned the land is the name of corresponding parties along with words “Bhoomi Swami”. If the government record itself mentions that the land is in the name of the owner and not government, then how can they now claim that the land was a Bhudaan Land? Again, how strong does this document stand in the court of law?
Going through all the events, I feel the only deviation was not taking permission from collector by the sons of Mr A for selling the land when though the land ownership was granted by the government to Mr. A, the condition of taking permission from collector before selling was mandated.
Bhudaan Yagna Act and State Land Revenue Code are silent on such type of transaction. As per my understanding, if specific law is not applicable on the transaction then the general act will stand applicable. Other general act could be Transfer of Property Act which deals with transfer of immovable property. Transfer of Property Act will treat government grant of land as gift to Mr A, after the death of Mr. A, his legal heirs have the full right to dispose the land at their own discretion with out the permission of any one. Hence, the deviation of not taking permission by Mr A’s sons may not actually be a deviation.
Please guide me in right direction.
