Government land on lease
sanjay hariram MASAND
(Querist) 05 September 2016
This query is : Resolved
my father applied in 1950 4 acre land on lease to govt means collector.because the owner of the land is govt.collector sent it to higher authority for sanction.higher aut hority also sanction the land on leased.but lease is not issued in my father's name.we possess 1 acre.another land is vacant and no one possess it.in the eyes of people my father is owner of that land.3 acre land is vacant and there is no development on that land.b a person demanded some part of that vacant land on lease to collector .whether collector can issue lease in favour of another person about vacant land?i also breach some conditions mentioned in the official letter available between the two officers not to me.
Guest
(Expert) 05 September 2016
Dear Sanjay Hariram Masand,
Please be clear on the following points:
1) what kind of breach of some conditions mentioned in the official letter on the part of two officers?
2) How, your father acquired 1 acre land, When you said that the lease is not issued in your father's name?
3) Also, what actually is the relation of the 3 acres of land with the application of your father and how you feel that the other applicant is not eligible for making application for allotment of that vacant land of 3 acres?
sanjay hariram MASAND
(Querist) 05 September 2016
1)not to change the use of land .the land was given for agriculture purposes.we are using it for commercial and educational purposes.
2)the lease for land is not issued in my father name but department approved in their interenal correspondence.
3)we applied first so right is first or not?
another 3 acres attach to our 1 acre land .though no one possess that land .
Guest
(Expert) 05 September 2016
Please tell u r state , this lease land issue is fairly complex and all states are changing law so land can be transformed to other class land . Additionally generally there regularisation section also. So deep study of your state land revenue code required , if Maharashtra then revert to me
Guest
(Expert) 05 September 2016
Please tell u r state , this lease land issue is fairly complex and all states are changing law so land can be transformed to other class land . Additionally generally there regularisation section also. So deep study of your state land revenue code required , if Maharashtra then revert to me
Guest
(Expert) 05 September 2016
Mr. Sanjay Hariram Masand,
Your replies are not according to the requirement of my queries.
1) On your own statement, I asked you about breach of conditions on the part of the officers, but you replied, "not to change the use of land .the land was given for agriculture purposes.we are using it for commercial and educational purposes." So, how breach of conditions by you for misuse of land can become the breach of conditions by the officers?
2) I asked you, "How, your father acquired 1 acre land, When you said that the lease is not issued in your father's name?" But you are silent on that point.
3) I asked you, "what actually is the relation of the 3 acres of land with the application of your father" when land was not alloted to your father, but your reply is evasive. Land of 3 acres being attached to your 1 acre land, may be not possessed by any one does not vest any right on you to get the 3 acres of land for further misuse on your part.
Another crucial question arises, what for your father or you had been waiting for the last 67 years (from 1950), if you desired allotment of 3 acres of adjoining land?
In fact, from your evasive replies, it reveals, your question is of purely academic nature and you don't seem to have the right answer for my queries.
Right now, you don't have any problem. However, if there is any reality in your story, you may better approach the collector's office to place your objection or right for the land. If any problem arises only then you may come forward with your question, based on the real problem.
Rajendra K Goyal
(Expert) 05 September 2016
Please show all documents to a local lawyer and discuss in detail.
Any wrong step may open full old case file and your claim may fail.
Guest
(Expert) 05 September 2016
I will ans few question which you raised for information sake.
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Whether Collector can give person when he demand some part of vacant land on lease ?
Whether collector can issue lease in favor of another person about vacant land?
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Under state Land Revenue Code there is provision under which Collector can grant land on specific terms and condition to individual , society , educational institutions , etc.
The manner in which it is given is specified in Disposal of Govt Land Rules under the Land Revenue Code.
When any organization or person wants land he has to fit in creteria and then get land alloted to him.
Take for eg.
I have formed trust , this trust have enough funds to establish College, I go and apply for land to collector , Collector will ask for details from land record dept. additionally if trust fulfill all criteria for getting land which is made in rules land is allotted to him after following due procedure of law , etc
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It happens in many cases land is with some encroacher or some person who does not have legal title to land , in this case Collector takes steps to remove encroachment etc. from that land.
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Lets go back to your query you have some land with you but no title , on land record it is Govt Land , and you have encroached on that land in such case they will use Encroachment section of Land Revenue code or other law and try to remove you from that land.
At this stage you require good professional legal backing who will take steps to regularize encroachment .
Means Govt will charge premium , penalty etc and then on specific condition land will be allotted to you . This is proper legal step and it should be done in your legal interest.
How exactly you need to take step only local experienced advocate in land matter can guide you
Guest
(Expert) 05 September 2016
Breach of condition in this case you need to pay penalty and get it done straight , means if land is given for agriculture purpose then after some time you used it for commercial purpose in such case govt as per law charges you commercial arrears , penalty etc.
But this land revenue dept is very corrupt they will tell you how big in problem you are then will afraid you and take bribe and you are in constant fear that you may loose the land legally .
To handle this thing you need at your end an Advocate who have studied land revenue matters and take your side of case against Govt and get all things straight
Rajendra K Goyal
(Expert) 06 September 2016
Expert Madhu has touched the practical aspects of the problem, have assistance of some lawyer dealing in the field.
Raj Kumar Makkad
(Expert) 06 September 2016
If land has not been leased out in favour of your father and still is is with the State Government and even vacant then your father or you have no right against that land just because the name of your father had been recommended by lower officials. The State is free to use its land as per its scheme or utilization.
P. Venu
(Expert) 06 September 2016
Are you paying any rent or land revenue for the land under occupation!
Rajendra K Goyal
(Expert) 08 September 2016
It seems the author is not interested in replying question from expert P. Venu.
Raj Kumar Makkad
(Expert) 08 September 2016
I do agree with Rajender K. Goyal that some experts seldom read even their replies.
