My land faces North. It has access from a West - East 10' wide public road which was formed as per Court Judgement & Decree in Partition suit. The land opposite my land is a DTCP layout. In their plan they have shown 16' wide West - East road on the South of their layout. So my 10' wide road + layout 16' wide road = total 26' wide West - East road. BUT the actual physically measured width of this road is 40', that is 14' extra width. What is the legal process to get the actual 40' width incorporated in the Municipal records so that documented width will be the same as existing physical width? I am planning to make my land a DTCP approved layout, so it is necessary to get my access road width increased to 40' in Government records. If you want a sketch showing the above lands & road then please inform your email id so that I may email it to you.
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1. Sine it is a public road you can approach the local authority to make amends in its master plan.
2. The width of public road is determined by the local authority only. hence if the mUnicipality agrees it can change its town plan to show its present width as 40 feet only.
3. So approach the municipality with your plan and ask them to do so.
4.if they do not agree then file writ petition.
According to you road width is 26 feet wide
2) however according to you actual width is 40 feet
3) apply to survey office for inspection and demarcation of the road width so that actual area can be incorporated in govt records
Make a application to concerned Patwari and the tehsildar office , to get it changed in the revenue records ..
Along with the relevant record approach the municipality and ask them to amend the master plan and if the local authority refuses to entertain your complaint you can then file a writ in the High Court.
Regards
A partition suit was filed for lands in Survey# 11 to 20 (ancestral property)in 1980 by HUF members. Court judgement was given in 1990 & Decree in 1992. After this, in 1993, an appeal was filed by one of the parties to the partition suit. In this appeal he asked for revision of the shares in S# 19 & 20. This appeal is still pending. I bought land in S# 12 in 1994. Is my purchase subject to lis pendens?
your purchase of land is subject to final decision of Appellate court
You cannot extend the road width in yor sale deed.
You have to abide by the contents of your original sale deed alone.
You may get DTCP approval for your construction as per the existing rules.
You may clarify about this extension from the authorities concerned for more clarity.
A partition suit was filed for lands in Survey# 11 to 20 (ancestral property)in 1980 by HUF members. Court judgement was given in 1990 & Decree in 1992. After this, in 1993, an appeal was filed by one of the parties to the partition suit. In this appeal he asked for revision of the shares in S# 19 & 20. This appeal is still pending. I bought land in S# 12 in 1994. Is my purchase subject to lis pendens?
If in the appeal you are not a party to the appeal and the property you purchased is not in the list of schedule of properties then you do not have to participate in the case.
If you are not participating in the case then there is no question of lis-pendense.
Yes your purchase is subject to decision of the court, section 54 of the transfer of property act specifically lays down that any land which is disputed shall not be sold.