Sarfaesi act in agricultural land
J C Gerorge
(Querist) 23 August 2013
This query is : Resolved
my land 90 Cents (Rubber plantation 100 trees) was auctioned by bank to my neighbour, he was already took immutation and I approached DRT Ernakulam (Kerala), I submitted the relevant details such as wet land certificate from Village officer , BTR Copy, Certificate of Agricultural officer. But unfortunately DRT passed orders that my arguments factors in untimely and delay so unfavour to me. I am ready to give the amount Rs.11 lakh to restore my valuable (@Cent 1.5 Laks) property. Any chance to win in higher appellate authority ( DRAT)in this case.?
R.K Nanda
(Expert) 24 August 2013
chances are very poor.
ajay sethi
(Expert) 24 August 2013
approach your neighbour who has bought your property . if he does no agree go in appeal before DRAT . you ought to have woken from your slumber before the auction sale
c.p.s. ramachary
(Expert) 26 August 2013
Your query does not speak the facts with clarity. Before going into the discussion I would like to clarify you on legal position that, agricultural lands are exempt from enforcement under SARFAESI Act. The sale of your land where rubber plantation is cultivated is squarely an agricultural activity. Kerala High Court in K.P. Muhammed Basheerr Vs Kannur Dist. Cooperative Bank Ltd & Anr. : AIR 2010 Kerala 118 held that nature of the products cultivated is not material.You could have strongly opposed the action by filing SA in the DRT establishing the facts for seeking exemption. Appeal lies against DRT's order within 30 days of receipt of the order. However if your SA is dismissed on the grounds of limitation, DRAT may also dismiss the appeal on the same ground. In that case you may file writ petition in the High Court challenging the action of the bank which is in violation of Sec.31(i) of SARFAESI Act which right is available to borrower if his agricultural land is sold in public auction under the Act.
