Is ulc still applicable on site purchased 50 years back?
MEDAPATI SRINIVASA REDDY
(Querist) 22 March 2025
This query is : Resolved
I have a residential building in Visakhapatnam. My Late mother was a Teacher and she was allotted a plot by the Teachers Co-operative House Building Society Ltd in 1972. Society purchased the site from Visakhapatnam town planning trust, which is presently known as VMRDA. Subsequently the Society conveyed the said plot by virtue of a sale deed on 20/03/1980 to be enjoyed by the member, his legal representatives and assignees with absolute rights from generation to generation. My parents constructed a residential building in it, duly taking plan approval from Municipal Corporation, Visakhapatnam. We are living in the property since 1983. After my parents passed away, the title of the property changed to my name. we are paying property taxes, water taxes and Electricity charges as per government authorities assessment in the past (about) 40 years.
In 3/2023, I received a notice from Urban Land Ceiling (ULC) office, informing me that my property is in surplus lands under ULC Act and catogerised it as unauthorised occupation. The notice informed me to regularize the unauthorized occupation by paying an amount equivalent to present registered value. Everything was done after taking approvals from the authorities. Now I am being told that it is unauthorized occupation. I did not respond to the notice. Now on 10/03/2025, I received similar notice with a wrong name but address is mine. I did not receive the notice as it is not in my name. Prior to 3/2003, I have not received any notices or declarations from ULC office.
Is ULC still applicable? What do I have to do now?
T. Kalaiselvan, Advocate
(Expert) 22 March 2025
If you have received a legal notice then it becomes your duty to issue reply notice denying their contents and allegations.
You may have to state the facts of purchase and all subsequent events after purchase of this property to establish your clear and marketable title and deny their claim over the property and also file a suit for permanent injunction restraining the authorities from forcibly evicting or interfering with your possession and enjoyment of the property.
You can discuss with a local lawyer having expertise in this regard and proceed as suggested.
Dr. J C Vashista
(Expert) 23 March 2025
Submit your reply with copy of relevant approvals.
If the authorities still not accepting your submissions, file a suit for permanent and mandatory injunction or a writ petition through a local prudent lawyer to set aside the notice / action of concerned authority.
kavksatyanarayana
(Expert) 23 March 2025
Yes. You shall deny the allegations made by the authority with a copy of all the documents/papers. You shall inform them your mother purchased only some extent from a registered Society. Consult a local advocate for further guidance and file a case in court for permanent injunction orders.
