• Land regularization

I have purchased 675 Sq Yds comprising of three plots within HMDA limits which fall under gram panchayat layout from Suvarnabhuvi Developers in Nandigama village in Mahabubnagar district next to DLF layout. Now the Govt has clearly come out and openly stating that GP approved layouts cannot be purchased and LRS scheme is also closed, is there any option to get the plots regularized.

Also, when Govt has clearly mentioned not to buy GP layout plots then why at the same time Registrars are allowing the purchase of the plots. Why Govt is trying to penalize people who purchased the plots unknowingly instead of penalizing the Registrars who allowed the purchase of plots to go ahead?

What is the probability of new LRS scheme and if it is not coming then is there any option?
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

Telangana Regularization of unapproved and illegal layout Rules, 2015

2) These Rules shall be applicable to Hyderabad Metropolitan Development

Authority, Kakatiya Urban Development Authority and Basara Urban

Development Authority, Municipal Corporations, Municipalities and Gram

Panchayats falling in the Master Plan limits in the State of Telangana.

(b) These Rules and conditions herein shall be applicable to all existing

unapproved sub-division of plots, existing unapproved layouts or ventures

promoted by land owners/ private developers/ firms/ companies/ property

developers /Societies where the plots have been sold by registered sale

deed on or before 28.10.2015.

c) Cut-off date for considering regularization of unapproved layouts:

Only those unapproved layouts and sub-division of plots with registered sale

deed / title deed existing as on 28.10.2015, shall be considered for regularization

under these rules. As proof and evidence, the plot holder/Land owner/

Association/ Society/Colony developer is required to furnish copies of the sale

deed/title deed. Agreement of sale or General Power of Attorney shall not be

considered as evidence.

d) It shall be compulsory for all plot owners in unapproved layouts to file an

application in the prescribed format for regularization of the plot/layout before the

Competent Authority to apply for regulation for plots having registered sale deed

executed on or before 28.10.2015 within 60 days from the date of notification of

these Rules ie 2/11/2015

ailure to come forward for regularization of unapproved layouts/plots:

Where an application is not filed for regularization of unapproved layout/plot, the

following consequences have to be faced by the plot owners:

(a) Such unapproved layouts/plots would be treated as continuing offence

and exemplary penalty as per law would be levied.

(b) No regular water supply connections and services like drainage and

sewerage would be extended.

(c) Such unapproved layouts shall be recorded in the Prohibitory Register of

the Registration Department and no sale /disposal or transactions shall be

allowed in such sites.

(d) No building approvals shall be considered by the building sanctioning

authority in such unapproved layouts/plots

(e) Other enforcement action including demolition of the building if any on

such plot/plots shall be initiated

4) as on date LRS is closed . there is no option to get plots regularised now

5) wait for another LRS to be launched by govt

Ajay Sethi
Advocate, Mumbai
96197 Answers
7739 Consultations

5.0 on 5.0

1) if government wants to garner additional revenue it may come out with another LRS

2) it is for govt to take a call

Ajay Sethi
Advocate, Mumbai
96197 Answers
7739 Consultations

5.0 on 5.0

1. The probabilities or improbabilities cannot be ruled out.

2. When a government declares a layout as illegal it is very merciless. It does not shower any mercy on the owners. It will cancel the sale and recover the possession of the property even if the registrar allowed the registration of sale deed despite the govt order to the contrary. The only remedy for the aggrieved buyers is to go to court to challenge the govt order and stop it through injunction from taking the possession of the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Registrar's duty, in normal course, is to register deeds.

2. Though Registrars refuse to register deeds on the ground of illegality ( Viz., Cantonment properties are not registered as a rule without release letter/circular issued by the Cantonment Board), legally you can not hold a Registrar guilty of registering a deed for the sale of a prohibited property.

3. Have you bought the property before the notification/circular?

4. If yes, then you can file a Writ Petition against the said Govt. notification praying for allowing the said sale which were conducted before the said Govt Notification.

Krishna Kishore Ganguly
Advocate, Kolkata
27345 Answers
726 Consultations

5.0 on 5.0

1. Govt , should come out with a fresh LRS at the earliest to supplement the earlier one.

2. Your constant follow up with the people in the Authority only can yield expected results.

Krishna Kishore Ganguly
Advocate, Kolkata
27345 Answers
726 Consultations

5.0 on 5.0

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