Land earmarked for road not transferred to municipal corpn. by builder
RAMA KRISHNA
(Querist) 09 May 2014
This query is : Resolved
Sir
From: Hyderabad Andhra Pradesh
1) We are tenants (50) of an Appartment residing in five floors.
2) Originally the land is an Agricultural land. Our builder is having only cart track way in it.
3) He GOT PLAN APPROVED FROM THE MUNICIPAL CORPORATION WITH 33 FEET WIDE ROAD IN FRONT OF OUR APPARTMENT AND built the Appartments in one side of the land and kept rest of the land with himself.
4) Our builder has registered the flats to all of us by showing 33 feet road (in the sale deed as well as in the plan) in front of our Appartment.
5) But he did not transferred the land to Municipal CORPORATION TILL NOW in writing.
6) Now the Municipal CORPORATION is not developing the road in front of our Appartment like laying of BT road etc. on the plea that the builder has not transferred the land.
7) Please show a way. How to convince the Municipal Authorities. Is there any specific Rules or any so in this regard.
8) THE BUILDER WITH A MALAFIDE INTENTION IN ORDER TO GRAB MORE LAND (TO THE EXTENT HE LEFT AS ROAD 33 FEET WIDTH) HE DID NOT TRANSFERRED THE LAND TO MPL CORPORATION
Thanking you.
dr g balakrishnan
(Expert) 09 May 2014
you can issue a civil notice to the builder to explain why he had not handed over the 33 ft road land; and say he caused terrible breach of contract under indian contract Act 1872, and why you cannot invoke sec 17 (fraud) on him and move high court to on breach of contract as also under Cr.PC BEFORE JURISDICTIONAL MAGISTRATE BY A PRIVATE COMPLAINT WHICH you can lodge after trying to file FIR before a local jurisdictional police station and most probably police would be bribed by builders not to register your kind of FIRs, then you can easily move private complaint with jurisdictional magistrate, though you can move a complaint before police commissioner concerned or DIG of state of AP..rapidanalysts@gmail.com
