Hi All,
I have purchased a revenue site from a Developer 9 years back in a grama panchayat limit which is basically a agriculture land without land conversion. The Developer has formed private layout out of 3 different survey numbers and adjacent land portions and was planning to convert the land usage and further develop the layout but After 6 months from the date of purchase of the site, Govt authorities have notified the land for road project and all the 3 survey numbers have been affected and my site 80% of the land has been notified for acquisition. since this is a agriculture land and not yet converted, Govt authorities doesn't consider this private layout as approved one and subsequently are sending all the communication related to this land acquisition to my Developer, due to all survey numbers are listed in his name in the govt records (pani) . After first gazette notification from the govt I have filed a objection to govt authorities to get the compensation for the land portion i am loosing in my site as part of this acquisition. Now govt has issued final notification and acquisition is still pending and not yet completed due to negotiation on the compensation part and rehabilitation of land losers for this road project. Govt has intended to complete this acquisition with suitable compensation at the earliest. In the due course of time I was able to extract govt survey document for this road project and came to know that survey number mentioned in my sale deed is wrong in comparison with my physical location of the site sold by Developer. I have approached the Developer to rectify this survey number in my sale deed to go for rectification deed. Based on this govt survey document, Although developer has agreed there is a mistake in the sale deed with regard to survey number mentioned in the sale deed and the survey number in which he has sold the site and instead of directly going for rectification deed he insisted upon another govt survey of the land in question to identify the physical location of the site in the correct survey number before proceeding with rectification deed. We have applied for govt survey of the land and it took nearly one year to get this survey allocation and govt officials visited the location for survey but the developer somehow didn't turn up for the survey of the land. I have learnt from this he is clearly avoiding to go for rectification deed and delayed this survey proceedings in order to get the compensation for my site. Now I have to explore the legal options in order to get this compensation and also I need to get this rectification deed and submit the same to govt to get the compensation. Please suggest me what are the legal remedies in this case. First I need to block this compensation going to developer for my site with respect to affected survey number from the govt and I need to get this rectification deed for wrong survey number mentioned in the sale deed when developer is not ready for the rectification deed. I have the sale deed executed by the developer and the grama panchayat khata mentioning the site number. Currently I have sent legal notice to developer for rectification deed in order to file suit and filed another objection to govt with copy of legal notice to withhold this compensation going to developer until my dispute case is resolved. Please suggest me the best legal approach in this matter. Thanks in advance.....!!
