manish (service) 06 June 2010

legal laws for land

I, Mr. Javerilal Jadhavji Chheda is staying in Moti Kandagara Taluka Mundra , Kutch.

My Land survey no. is 331. & 346. which is in Shri Sarkar & Gauchar respectively in Hak Patra.

On 28/5/1954 the land is in the name of my grandfather when the land was record ed by the government.

At that time the government records show the land as Padetar.

This land is Aaghat & Warsaayi then also this land is transferred in government account in 1963.

After in 1/4/1971 survey no 331 was transferred to Gauchar.This land is from 125 years in our name in government records.

Survey no 346 is also in our name from many years in government records.

Now what should I do so that I can transfer the land in my name .

Please send me the answer .

My contact no is 9819420430.

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8 Replies

Darshan Panchal (Advocate) 06 June 2010

its been a long long time since the land vested in govt free of all encumbrance considering the period of limitation. Its a hectic and time consuming process to get the land and practically impossible because from 1971 since the land was reserved for gauchar upto now 39 long years have elapsed. The title of govt to the land has been perfected. its highly unlikely that court would condone such delay. you should have remained vigilant the first question court will ask where were u all this time?..what best u can do is to make an application o the collector under Right to Information ACT asto how land once owned by you for several years suddenly vested in govt?..if it has been acquired procedure prescribed in act has been followed ? nature of reply will determine the future course of action.

manish (service) 07 June 2010

thanks for your answer.

But the land was with us for more than 125 years. in the government records.It is also in the Raja Maharaja time records books.

Has the collector right to give it back.

Collector has first done it Neem in 1964 & then 1974 he has made it Gauchar.

Is their any clause so that I can get it back.

Please reply

Darshan Panchal (Advocate) 08 June 2010

as i said in my earlier reply, Its been a long long time since land vested in govt which has perfected govt's title to the land despite it having been owned by you. If the land has been reserved for some project or for gauchar nothing can be done by collector even if he is the competent authority to put u back in possession. U can file an application before collector under Tenancy law but chances are less. U first must know asto under what circumstances land vested in govt. if there is something fishy or illegal found, then u hv a ground to challenge. what if the land vested in govt on account of any violation of any laws? which u r not aware of?. u can also take appointment of collector and seek info in this regard.