• BMRDA approved layout - seeks urgent legal help

Our layout was developed in 2005 and it is approved by BMRDA. The layout approval dates 2005 and the houses in the layout was constructed based on development agreement with the developer. The developer first sold the layout plots to individuals and entered into a construction agreement for developing houses within the layout . The layout approval and survey numbers are part of BMRDA Approval and the BMRDA website also lists the layout under approved layouts. As per the BMRDA approved layout map there is a 30 feet road infront of our houses and this serves as the  main entrance to our layout. Also as per BMRDA map Nalla is running parallel to our 30 feet road on the opposite side of our houses which was infact a barren land at time of our layout construction. In 2010 a thrid party constructed an apartment  including the barren land which is nalla according to our our BMRDA approved layout map. This apartment does not have BMRDA approval and they are having some fake DC conversion certificate .  The developer of this apartment is quite influential. Our houses within our layout comes under survey number "A" including our 30 feet road as per our layout map (I am only talking layout first 4 houses near to main entrance which is affected by Rajkaluve drive and the Apartment which came up opposite to the first 4 houses and the 30 feet road in between the houses and Apartment. Rest of the houses has other parallel roads for entrance and they can just break open the compound wall to gain access incase our main road gets affected in this Rajkaluve drive) . As per the apartment  documents their land belong to Survey no "A" and Survey no "B" . As per our layout Map the Survey No A ends with our 30 feet main road and beyond survey no "A" is nalla . As per village map the "RajKaluve" passes through the land between survey no "A" and survey no "B " . Thasildhar and the surveyor was making rounds in our layout and surrounding areas and they completed the marking yesterday. They have marked the boundaries of the Survey no "A" and Survey No "B" and they are claiming the land between their marking ie survey No A and Survey No B belongs to government  and rajkaluve will be passing through the land between the markings. As per the current marking  done by the surveyor this taking away the main 30 feet road for 30 meters  starting from the main gate entrance and its diverting to my plot for 8 feet and stoping just 2 feet in front of my house  and diagonally moving away from my house taking approximately 50 feet of my land infront of my house and the main 30feet road and also another 30 feet from  apartment building opposite to our 4 houses. In my layout (excluding apartment since its not part of BMRDA) only my plot belonging to my house is getting affected and for the remaining 3 houses only the 30 feet toad which is required for entrance is getting affected . As per the BMRDA layout map survey number is "A" ending at the boundary of 30 feet road so I was considering myself safe. I am second owner of this house and I brought it from another person who brought the house  directly from the developer. The developer at the time of construction was running a partnership firm and soon after selling our layout his partnership firm filled bainkruptency. The developer developed this layout by getting into a development agreement with one family ( mother .father and son ) to whom the layout land belonged   and BMRDA layout approval plan has names of the X(mother) and Y (father) and developer  and in the land sale registration document both X (Mother), Y (Father) , Z (Son) and developer are signatories. X (Mother) and Y (father) expired and now for any legal action  only Z(Son) is survived. Both the  developer ( in the name of another pvt ltd company) and Z (Son)  has other properties in layout and the developer has constructed freshly some 10 villas for sale in the layout . As per them when they constructed the layout hey have undertaken all legal requirements and got BMRDA approval and as per the layout map our houses and roads are legal and this survey is differing from the survey taken at the time of layout construction. They are saying its no more their headache and its our responsibility to straighten things out. I am affected big way by this drive since my plot area and access to the main entrance both are getting affected.  I am not sure what whether the BMRDA Approved map and approval provides me any legal protection to my property.  Our houses in layout have clear titles including kahatha , DC conversion certificate , BMRDA approval , tax paid receipts, encumbrance certificate for last 30 years etc.  Even my previous owner of my house was having housing loan from SBI .  .Also I have filed an RTI some 32 days back to the local planning authority asking for certified copy of layout blueprint , Approval copy and layout survey details which I haven't received any reply. I am planning to submit an appeal. I would like to know  Whether going through legal course help me to regain ownership to my land ( 50 feet which I am loosing ) and access to main road (which is currently marked for Rajakaluve)  ? What are the legal measures available to me ? For a normal citizen buying a property after checking all documents and relevant approvals how can he get justice ? Does anything in our constitution or legal framework can provide any help ?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1)you have no option but to seek legal recourse to regain ownership of your land

2) local planning authority is bound to furnish copy of copy of layout blueprint , Approval copy and layout survey details sought by you

3) if they refuse to do so you should file an appeal before SIC

4) you can also file writ petition in HC against the authorities if justice is denied to you

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. If you do not receive the reply of your RTI application you can prefer an appeal before the Appellate Authority.

2. To retain the land which is getting wrongfully lost you can file civil suit for declaration and injunction.

3.Only the civil suit can solve your problem.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

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The narration what you have made shall have to verified by scrutinising the property documents and by the physical inspection of the property location including all those approved plans, conversion data etc.

You can gather all the details and if found to be an encroachment and affecting your easement rights or your access to the property from road side, you may consult a local advocate and file a mandatory injunction suit as well as suit for easement rights.

A legal action in this regard would enable you to get the relief immediately instead of running to the people seeking their explanation or justice

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Developer is liable for misrepresentation of facts and liable to pay compensation

Local planning authority would not sanction plans unless survey report is available of the land in question

You will be able to claim ownership of land on basis of survey report and property records

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

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