Ulc act
Sagar
(Querist) 15 March 2013
This query is : Resolved
Dear all,
Please guide on the follwing:-
1]The land given possession to ulc which is now with mhada pune.
i) Is there any way to claim the land if there no development is done by mhada in 15- 20 years.
ii)Do the 5.The Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981,
Clause 5a help in this matter i.e.(Transfer of land not required for purpose of authority, to original owner. -
+[5A Notwithstanding anything contained in rule 5 or any other rule of these rules, the authority may, with
the previous sanction of the State Government, and on such terms and conditions as it may deem fit,
transfer by conveyance land or any part thereof acquired by the State Government under section 41 of
the Act and made available to it under Sub-section (3) of section 42 thereof, to the original owner of the
land, if such land or any part thereof is not required by the authority for the purpose of the execution of
any of its schemes.]
+Inserted by Notification No.ADL – 1085/1706/D-X/dated 15-4-1986.)
please do the needful.
Raj Kumar Makkad
(Expert) 15 March 2013
The given provision is fully applicable in your case and recently Allahabd High Court has also decided a lot of matters in similar way pertaining to NOIDA and elsewhere. BUT you shall have to enquire whether the purpose of the acquisition has been fulfilled or not.
Sagar
(Querist) 15 March 2013
Thanks a lot sirjee.
Is there anything else to be studied regarding the case as to ensure the purpose has not been fulfilled, how to recognize that the purpose is not fulfilled by the concern
authority.
Raj Kumar Makkad
(Expert) 17 March 2013
You shall have to obtain the copy of the notification which contains the purpose for which your land was sought for and if that purpose has not achieved on the land then it shall safely be concluded that the department has failed to comply with the notification and there is no need for such land. RTI Act can also be used to get the entire information from the concerned department of the State.
Sagar
(Querist) 07 May 2013
Thanks a ton Sirjee , It will definately help me a lot. Hope to see u in future...
