• Village Panchayat is not to issuing Khata and refusing to receive Yearly property tax of my Plot

Dear Attorneys, 

Request your legal opinion on a issue regarding my Plot in Bangalore ,
The Following are the Chronology of events 
1) Purchased a Plot in a Gated Community from a partner of a reputed Bangalore Land Developer in December 2019 
2) The Property under discussion is Approved by BIAPPA ( Bangalore International Airport Area Planning Authority) papers were vetted by a Local lawyer and I had checked up the veracity with BIAPPA office too 
3) Had the Papers checked by ICICI Bank too , The Bank has funded 60% of cost 
4) The Plot was registered on my name duly with the Sub-registrar 
5) I could not apply for the Khata immediately as I was preoccupied with my work 
6) But now when I visited the layout saw a public Notice Board put up by the Village Panchayat that they are stopping issuance of Khata Certificates and yearly accessment of property taxes for the entire layout as the CA Land and Park land relinquished by the Developer to BIAPPA was not owned by the Developer , The Panchayat claims that the CA and Park Land which is the Basis of Approval for the layout was disputed and now the developer does not have rights over it as court Judgement recently (2months Ago) has ruled that it was a SC/ST property and the developer had bought it with in the 15 Year sale ban and hence given it back to the family of the Original Seller , 
 6 ) Now a Panchayat member who knew all the Background has acquired the property through his associates after obtaining the necessary clearances , (Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978[1] (Karnataka Act 2 of 1979) or PTCL is a statute of Karnataka.)
7) The Panchayat member is trying to leverage the situation and putting around 200+ Plot owners to trouble 
8) I am unable get clearances for starting construction or sell the plot because of the Freeze on Khata Certificate 
9) The Developer despite being quite a reputed one is not talking the problem lightly as he has sold all the plots 
10) The Layout association is also not very proactive in tackling the issue 
11) The new buyer has started cleaning the land and could put up some permanent structures soon 
12) Although my plot location is quite away from the disputed parcel of land and not affected but the Panchayat has gone ahead and stopped Khata and Receiving land tax 
13) There are talks of some local politicians also getting involved progressively 
Please advice on how to get immediate relief , As I am still paying a big monthly EMI to the Bank It is a considerable part of my hard earned Monthly salary 
I had bought the property on the basis that it was a duly Approved Layout with out encumbrances, Is it not a Problem to be resolved between BIAPPA/ Panchayat and the Developer instead of putting unsuspecting plot owners to difficulty ,

Thanking you in Anticipation
Asked 3 years ago in Property Law
Religion: Hindu

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5 Answers

The buyers are the ultimate sufferers in such complicated legal tangles.

The layout has been approved by Village panchayat and not by BIAPPA, hence they may not be of any use to you even if you approach them.

Now since the Village panchayat is playing double game and blaming the developer for this fraudulent game, you can issue a legal notice to the developer demanding them to procure the khata for the property sold by them and also endorse a copy to the panchayat about this.

Subsequently you can file a suit for permanent injunction against the person who has occupied the proeprty as well as the panchayat and implead the BIAPPA as necessary parties to the suit and seek justice to your situation including a direction to issue khata or to pass an order to the developer to return your investment with interests by cancelling the purchase owing to the precarious situation.

T Kalaiselvan
Advocate, Vellore
88018 Answers
2370 Consultations

Since the file to plot is not clear and marketable and mutation cannot be done in your name sue the developer to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
97816 Answers
7927 Consultations

Dear Sir,

Get issue a legal notice and file a Writ Petition for immediate redressing of your problem before the High Court making Gram Panchayat and other concerned higher authorities as parties then you will get a solution to your problem.

 

 


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Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
493 Consultations

Dear Client,

It is advisable to issue a legal notice against the developers and the gram panchayat in such a case.

You may file a Writ Petition claiming compensation for the mental trauma caused, and demand for procurement of the khata for the concerned property sold by them.

Thank you.

Anik Miu
Advocate, Bangalore
10488 Answers
121 Consultations

Send a legal notice and file a consumer complaint 

Prashant Nayak
Advocate, Mumbai
33092 Answers
215 Consultations

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