1. Year 1995- In Agricultural land of 5 acres (Grampanchayat limits) a layout was formed (revenue sites) containing 150 sites without any local body plan approval by a land lord. 2. Plots were sold to buyers by the land lord with sale agreement and GPA. 3. Year 1999 – Land was acquired by KIADB (land acquisition authority) by issuing preliminary notice to land lord for Peripheral Ring road project by NICE & BMICAPA. 4. Year 2003 – Final notification issued to land lord, but the notification was challenged by the land lord before the court and the court allowed the writ petition in the judgement. 5. Year 2003 – Some of the buyers entered in to sale deed duly registered with sub registrar office. But Khata and Tax was not done by the buyers in Grampanchayat. 6. Year 2004 – Fresh acquisition proceeding took place and again notice was issued to acquire the same land to the land lord. 7. Year 2014 – Land acquisition authority offered compensation without issuing final notification to land lord. Notice was challenged by land lord before the court and the writ petition was allowed in judgement dated 2017. 8. Land lord did not highlight the layout that he formed way back in the year 1995 and not even made plot owners as parties in the case that he filed before the court. Instead he projected himself as the owner of the entire 5 acres of land in that case. 9. All the plot owners were aware of the acquisitions and notifications, but unaware of the case filed and judgement given by the court. Even the landlord was hiding the information and instead he took back the agreement and sale deed papers from the few buyers and offered very little compensation. 10. Some of the plot owners holding sale deed got aware about case details have done khata and paid the tax till date recently. Land lord is now planning to get the revenue land converted and form a new layout according to norms where he already had formed a layout and sold to buyers way back in 1995. 11. land lord is now insisting plot owners to surrender the sale deed papers and join hands along with him to invest in land conversion charges and layout formation. In doing so he is offering plot owners only 50% plot dimension of what we early owned in the same place. That means he is offering us 20x30 instead of 30x40 for example. 12. Having waited for so many years hoping to get back our plots from land lord, now we are under huge loss and frustrated. Kindly show us a way where we can stop them from converting the land and to claim rights on our property.
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1) file complaint against landlord before the consumer forum
2) seek orders to direct builder/landlord to deliver possession of plot as per sale agreement
3) also seek orders to direct builder to execute regd sale deed in their favour
4)seek injunction restraining landlord from carrying out land conversion
5) also claim litigation costs and compensation for mental torture undergone by you
First of all it is not clear that how did yo buy the property and also get khata as well as the taxes paid on yor name.
You have not purchased the property by a registered sale deed.
It was only a GPA and the sale agreement.
Both can be cancelled by the land owner at any moment.
In fact the sale agreement cannot be enforced since it is barred by limitation (3 years from the date of agreement), even if it was a registered deed.
However you can issue a legal notice to the land owner instructing him to execute a registered sale deed in yor favor on the basis of the sale agreement or you can execute a registered sale deed in favor of any of your close relative on the basis of GPA deed in your name.
But for this the GPA deed should be a registered deed.
You can consult a local lawyer on the basis of relevant papers in your possession and take his further advice on next move about this.
Sir, I have mentioned that we have a registered sale deed done in 2003,. khata and tax paid done in 2017 after case disposal. My question is now is it necessary for the land owner to convert the land and form a new layout as per latest norms where he had already formed a layout way back in 1995 . But at that time it was grampanchayat revenue sites without any conversion and plan approval. Now he is demanding conversion charges and offering only 20x30 instead of 30x40 to us.
you can issue a legal notice to the land owner instructing him to execute a registered sale deed in your favor on the basis of the sale agreement
or
you can execute a registered sale deed in favor of any of your close relative on the basis of GPA deed in your name.
Dont pay him the charges demanded by him, let he go the court and you can challenge the same on merits.
You fight for your rights.
the problem is layout formation in 1995 was without approval of the local body
2) hence he needs approval for conversion of land and then form new layout
3) in such a case since he has already sold land to you by registered sale deed he should offer you the same area of land . further conversion charges should be borne by him as he unauthorisedly sold land to you