Dear Experts Consider a Case.
Mrs S (Seller) has sold her Land to Mr P (Purchaser). The Diversion of Land from Agriculture to Residential was just made before this transaction of sale purchase incurred i.e Mr P purchased a Diverted land from Mrs S having khasra No 100.
Mr P Builder by Profession has puchased Khasra No 100 but trying to built the houses on Khasra No.110 due to which the nearby residents are making objections.
On review of records of Diversion it is found that there is a huge variation in signature of Mrs S on Sale deed as compared to on Diversion Papers. Seems that Mr P himself has ill fully Diverted the land in the name of Mrs S before purchasing. Mrs S is saying that she has just sold khasra No 100 and not made any application for Diversion nor she is well accustomed with the Land related matters.
Seems that Demarcation (Simankan) of Khasra No 100 is also not at that place where Mr P is building the houses.
MY Question
1) Is such Diversion still valid even if Mrs S is saying that she has not made any application for Diversion and her signature are forged ?
2) Khasra No 100 is a Residential Khasra as per T & C authorities however they are saying that Development plan of such khasra should have been approved by T & C before Diversion. Is it hold True ?
3) How can builder be stopped from building house on khasra No 110 when Khasra No 110 does not belong to anyone among the objectionable parties ?
Further as per section 172 subsection (4) of MP Land Revenue Code 1959, If any land has been diverted without permission by the bhumiswami or by any other person with or without the consent of the bhumiswami the SubDivisional Officer on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding 2[twenty per centum of the market value of such diverted land] and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert had been made.
4 Will the above section make this Diversion Lawful after penatly is being imposed ?
Regards
