Ptcl land transfered in 1972 - now it is layout with 65 residents
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
Dear sir,
2 acres of land granted to SC/ST, we son't have grant copy and it is claimed in the sale deed that it is lost, but granted in the year 1939 (ref no is available).
grantee has sold this to our layout developer in the year 1972 without availing any permission from state govt. once PTCL has come, grantee has gone to AC for appeal for restoration but AC has denied because 15 years of restriction period is lapsed.
this land has converted in the year 2003 and formed layout with panchayat approval. now we have katha and paying taxes regularly.
at the time of purchase i was not aware about writ pending in the high court, writ filed in the year 2004. developer has not turned up because he had sold entire plots and now more than 50% houses also built.
high court has order for restoration, whether we have any grounds for appeal as a resident and whether we will successful.
judge is referring mysore land revenue act 1988, as transfer of granted land to depressed class is prohibited forever.this order is passed on 4th july 2011 by karnataka high court judge me. shylesh.
can you suggest us any case law to support us?
regards,
ramesh.N
bangalore
Raj Kumar Makkad
(Expert) 25 September 2011
In the given case, you have no say as policy matter do no give right to purchase such plots, however, as you are bonafide purchaser so can agitate to get your money back in case the order is not to be reversed. You should go in appeal.
Querist :
Anonymous
(Querist) 25 September 2011
Dear sir,
Thanks for your reply, between 1972 to 2011, there are 5 to 6 transaction, after plotter development has happen my site has changed hands of 2 to 3 people. Person who sold me has bought for 30 lacs and spent other 25 lacs for construction of duplex house. Since last two years I am staying in that house.
Like this around 40 houses were built, whether houses will be domolished? We have took housing loans for buying these houses.
In my case I will lose house and pay emi of 50k and have to search for house for rent.
Regards
Ramesh
ESTHERPRIYA
(Expert) 26 September 2011
You have to claim ownership under the presumption of Bonafide purchaser. Simultaneously you can also claim compensation from your developer or seller who sold the land to you.
