Land Acquisition Section 30

Guest (Querist) 19 September 2009 This query is : Resolved
An agricultural field was sold by the original owner in 1990. The name of original owner exists on 7/12 extract even today. The builder who purchased the land developed it into layout i.e. plots. But did not obtain non agricultural assessment or town planning sanction. Around year 2000 the builder sold the plots to various persons. Now in 2002 land acquisition proceedings started where this land was situated. In the year 2007 the said proceedings culminated in reference under section 30 of land acquisition act. The plot owners are unaware of all these developments. The original owners have not filed reference under section 18. The builder has filed an objectioin in section 30 proceedings. The matter is pending since then in court. Now what is the remedy available with plot owners who came to know about these developments when they tried to mutate their names in 2009. Can they file reference under sec. 18 or file 1(10) c.p.c. application in sec. 30 proceedings. Or file civil suit against original owners and builder.riven

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Adinath@Avinash Patil (Expert) 20 September 2009
Dear Satyendra,
If the developer Who pirchased the land developed land in to lay-out/plots without permission of town planing officer/concrned officer & sold plots to various persons,the purchasers have no legal rights file refence under land acuision Act.But perchsers can file civil suit against developer for compensation subject to rule of caveat emptor. Purchaser can file application under o.1.rule 10 for adding their names in pending matter filed by developer.riven

PALNITKAR V.V. (Expert) 20 September 2009
If the land is agricultural land, perhaps the purchase of plots by the different persons may not be legal in view of prevention of fragmentation act. In that case they may not get any benefit in joining the proceeding u/s 30 of the Land Acq. Act. The best course would be to file suit against the builder for refund with interest.riven

Raj Kumar Makkad (Expert) 20 September 2009
With full grace I am in total disagreement with Palnitkar. The purchasers of the plots are bonafide purchaser from builders and they were not aware whether change of land use or necessary sanctions have been obtained by builder so they have got full right to preserve their legal right by moving an application under order 1 Rule 10 of CPC apart from initiating civil as well as criminal litigation against the builder.riven

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