Cheating by land mafia
R.Ramesh
(Querist) 19 July 2012
This query is : Resolved
Respected Gentlemen of Jury:
I, a Senior Citizen and a member of ‘Lawers club of India’ became one of the victims for ‘Land mafia’ in Bangalore. They have cheated me in a meticulous way! My humble request to the legal paternity is to advise me the course of action to be taken against these culprits, under the circumstances explained below:
1. Land lord ‘A’ appointed two realtors ‘B & C’ as registered GPA holders on 10.7.92 for formation of a residential layout out in her 10 acres of Revenue land, which comes under Municipal Corporation limit, and also to sell around 130 sites on behalf of her. She has assigned 5 acres each to ‘B’ & ‘C’ for this purpose.
2. Realtors ‘B’ & ‘C’ have jointly formed the Residential layout in the year 1995 by paying necessary development charges to the Municipal Council. Among 130 sites ‘B’ sold me a site for Rs.3 lakhs , on a sale agreement on 13.7.1995 and collected Rs.40,000 as advance from me.
3. On 2.8.1995 ‘B’ sold 2 acres of land (consisting of 26 sites) to his friend ‘C’ for Rs.1,80,000(RTC done in ‘C’s name). As my site comes under this plot ‘C’ has registered the site in my name, in Sub-Registrar’s office on 14.9.1995. On the same day ‘B’ collected the balance sum of Rs.2,60,000 from me.
4. Accordingly, change of khatha in my name was done in the Municipal Council, in form No.19 on 21.3.1999 itself, and I have been paying the tax to Municipal council / BBMP till 2012-13. Also B-khatha was done in BBMP in my name and I have obtained Encumbrance Certificates from 2.8.1995 to 12th July 2012 continuously.
5. On 25.1.2002 the vendor ‘C’ with an intention to make money, secretly and illegally pledged the whole land of 2 Acres (including my site) to a Private Bank (colluding with Bank officials) on the basis of RTC/Mutation, duly forging the original site numbers as 1 to 26 by producing fictitious documents, and took a meager sum of Rs.5 lakhs as loan. Intentionally ‘C’ became defaulter so as to enable the bank to ‘public auction’ the land.
6. On 21.2.2011 the Bank has published Auction Notice in a leading news paper. On seeing this Notification, with an utter shock many of the site owners rushed to the spot and protested and filed their objection in writing and demanded the Bank authorities to drop the auction, as the property has already been sold to site-owners. But the Bank authorities without examining the issue straight-away auctioned the land of 2 acres (including 26 sites) in the Bank premises and sold to a single private party. The Asst. Registrar and Recovery Officer, Karnataka State Urban Co-operative Banks Federation has passed an order on 18.5.2011 in favor of the Bank. They have committed this crime in a very tactful and meticulous way.
7. Accordingly, the person who bid the land got the ownership documents done (RTC, Survey Sketch, Registration in Sub-Registrar’s Office, and even got EC) from the Revenue Departments.
8. Parallely, I am collecting EC continuously, on the basis of the site registered in my name, and also paying the property taxes regularly.
9. Surprisingly, nobody has come to claim my site so far. But since the ‘source land’ itself has been auctioned illegally , I have filed a police complaint, for safer-side, against the Realtor ‘B’, vendor ‘C’, and all others who have colluded with each other in this fraud. Police have filed a case and FIR done against the Realtor, vendor and others, and are investigating the case.
I had bought this site, investing my hard earned money, with an intention to build a small house. Incidentally, I have constructed a small shed and compound and got Electricity connection and water connection in my name and leased the shed on 11 months agreement, so as to safeguard my property. I being an old man cannot runaround to fight against these ruthless people. Hence I am thinking of disposing off the property. But nobody is dare-enough to buy this property in view of this litigation mess-up.
Under the above circumstances, I request the honorable Advocates to kindly help me in suggesting the way-out & proper course of action to safe-guard my hard-earned property from the clutches of Land-mafia. I would be grateful to you if you kindly provide me any references of relevant judgments if any.
Kindly pardon me for having taken your precious time.
I am eagerly waiting for your valuable suggestions.
Regards,
Ramesh
Nadeem Qureshi
(Expert) 20 July 2012
Dear Querist
you should contact a lawyer personally
