LEGAL RECOURSE ON ALLEGED GOVT LAND

5 years ago

A month ago, I have presented my problem in this site, regarding my plots in the DTCP approved lay out claimed by Tahsildar as Govt land, by issuing show cause notice.

Eminent panel advisers Sri Nirmal Chopra and Sri Kishan Dutt Kalaskar replied that we should challenge the notice in the High Court.

However none of the owners have approached the Court but replied the show cause notice.

Now the Tahsildar issued proceedings taking over possession of the land with 90 days time to appeal.

The proceedings of the Tahsildar reads as follows:

"After verifying the AVAILABLE revenue records, it was revealed that the village is an estate village and was taken over under E A Act. As per settlement records, the land stands classified as A. W. D. (Gayalu), Despite thorough search, THE FILES PERTAING TO GRANT OF D-FORM PATTAS WERE NOT TRACED OUT. THE ASSIGNED LANDS HAVE NOT BEEN USED FOR AGRICULTURAL PURPOSES, SEVERAL SALE AND RE-SALE TRANSACTIONS TOOK PLACE"

The explanations cannot stop the resumption of the land to Govt with the pleas that the then Mandal Rev Officer/Tahsildar issued a zeroyati certificate, the then R D O issued orders for conversion of the land from agrl. to non-agrl.purpose and approval of DTCP.

The developer of the layout has constructed bldgs in the disputed land and is running a residential Polytechnic college. He is now initiating a case in High Court in his name challenging the proceedings to protect his interest in the disputed land.

Now I seek your advice,

1) in view of the legal recourse, initiated by the developer (in his name to protect his interest in the disputed land) whether the rest of the plot owners in the layout can relax

2) Can we file our cases in the local District Court. (The property value of individual plots is less than Rs. 10 lakhs).

3) The highlighted wordings in the Proceedings are whether sustainable. What should be our stand in these conditions

Please guide.