Sub-division of the plot
Mohammed Rizwan Shaikh
(Querist) 11 November 2012
This query is : Resolved
Dear Experts,
In the year 1983, a suit was filed by the original land owners against the tenant in respect of 21 1/2 acre land in Bombay. In the year 1987, the parties including the developers executed a Consent term and agreement in which my dad was also a party. As per the Consent Term and Agreement executed in the year 1987, our firm was given 35% in the Development Zone and 40% in the Non-Development Zone out of the 21 1/2 Acre land.
After getting the relevant file from the Building Proposal through RTI. We learned that the Developer with the help of his Architect, the DEVELOPER suppressed the above fact. THE DEVELOPER on the behalf of his FIRM has put up the Layout Plan on false representation by suppressing the said Agreement and Consent Terms dated 3rd February 1987 filed before Bombay City Civil Court.
We sent out the letters and notices to the MCGM and informed them about the true facts. Keeping an eye on the file with the Building Proposal through various RTI application, we came to know that MCGM had sent a letter to the DEVLOPER & the ARCHITECT asking them to reply the same.
The DEVELOPERS did reply the letter to MCGM , in that letter the DEVELOPER clearly stated that he entered into the Consent Terms and Agreement and also that they being Developing Company got the Layout plan approved on one single plot and my dad has no right to intervene in the matter. He also stated that he is not infringing any rights of our firm and my dad has no right to sub-divide the land after 30 odd years.
The DEVELOPER has put up the new layout file with the MCGM on the basis of an agreement with the TENANT. He suppressed the true facts of the Consent Term and Agreement. After going through the file with BP, we were unable to find the Consent Terms and Agreements. The Developer is an MLC, so using his powers and money he played fraud with us and even with the Government Authorities.
1) How can we get the plots sub-divided as per the Consent Term and Agreement?
2) As the DEVELOPERS (MLC) has played fraud with us & MCGM, how can we put the DEVELOPER behind bars?
3) And best and fastest way to demarcate the land from MCGM?
Experts, I really need your advice asap
Rizwan Shaikh
prabhakar singh
(Expert) 11 November 2012
If consent decree does not contain a term to the effect thatin case of breach of any term by any party ,the other party shall have right to enforce the terms by execution of consent decree without any fresh suit,YOU NEED TO FILE A CIVIL SUIT IN COMPETENT COURT.
ajay sethi
(Expert) 12 November 2012
you can easily afford legal fees . contact a local lawyer
