• Kharab land - suggestions or solution

Dear All
We purchased a odd dimension site (around 1700 SFT) in Oct'09 from first party, first party purchased a site in 1997 from a GPA and layout formation owners at that time it was under Village / CMC limits later stages which was come under BBMP limits. Before proceeding we consulted a legal team and they did registration work. The total layout area is 4.19Guntas out of that 0.4Guntas Phot Kharab (A) as per R.T.C 1979-80, these were we are unaware and depended on legal team.

Few months back we got a notice from Thahasildar office stating that there a Kharab land which measures 4Mtrs x 40 FT hence attend before officer within 15days time, attended their office and in our second attendance we filed a objection by producing sale deeds, electricity bills, water supply bills, tax paid receipts etc. since we constructed a house in 2011-12 and staying along with tenants and we have a loan commitments also.

The notice was served in similar fashion around 7 sites out of that five sites have constructed houses and rest are vacant sites. We approached officers insisting survey report and the same we got it without any measurements of each site hence we did a private survey but both are totally different. As per survey sketch which is incorrect the re-survey did by department and issued notices. If we consider pvt. survey we are less affected may be around 30-40FT, as per notice it's a 4Mtr x 40FT (480FT) and if we verify total survey sketch still we are affected but not known measurement. As re-survey they said that it's a B Kharab.

Which is correct and how to approach, is there any solutions please help us and still order to be passed. out of 4Guntas 1 gunta is Well and rest 3Guntas issued notices.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1. Kharab land whether "A" or "B" belongs to the occupant of the Survey Number. 
2. However since there is uncertainty over the area which is to be considered as Kharab land you can apply for re-measurement or re-survey of land so the damage may be less.
3. if the Tehsildar refuses to re-survey the land then you can approach the high court in writ jurisdiction.
4. In the writ petition you can challenge the classification of land as ' Kharab' also.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) as per notice of tehsildar kharab land measures 480 square feet . the survey report is silent on measurements of each site

2) as per your pvt survey kharab land is around only 40 square feet . 

3) there is a major discrepancy in pvt survey and govt survey report .

4) in reply to notice issued by tehsildar enclose copy of your survey report and request for re measurement being done 

5) if adverse order is passed by tehsildar move court for necessary reliefs for stay of order passed by tehsildar and for re survey of kharab land
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Hi, you have to wait till order passed by the Thasildar and there after you have to challenge the same before the higher authority as the survey conducted is not proper as there is discrepancy in survey and it is not conducted in a proper way.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Private survey cannot override the survey conducted by the government in spite of the huge discrepancy between the measurements recorded by the government and private survey.

2. You should reply to the tehsildar's notice through your lawyer.

3. If tehsildar passes an order against you then you may challenge it in High Court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Since there is a wide difference in measurment by private and govt surveyors, ask for remeasurement of the plot,

2. If no result or same result comes, file a Writ Petition against the realeated Govt. Department allaging improper/incorrect action taken by them.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Best course of action for you at this stage will be to file a writ petition before the High Court where you can forward your aforesaid arguments,

2. Engage an experienced lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) only local lawyer can guide you in this regard . 

2) it is better to contact some recently retired officer from tehsildar office who is engaged in consultancy work to find out an amicable solution to the problem 

3) the consultant can guide you as to whether it is convertible or not and whether your said land can be left to the owner or recovered or not
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Hi, entire layout is converted from agricultural land to non agricultural purpose whether site is formed as layout plan and go through the entire documents then only we can help you to solve this issue.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. 'A' kharab land which belongs to the land owner and it can be use and convert as you wish. Therefore, only 'B' kharab land must be reserved for public utility.

B. You need to apply Kharab Uttar Extract with the Revenue Department, later you will know where kharab land exactly situated in particular survey number.

C. Reply to Tahsildar notice through lawyer and if the result is zero, you can challenge the same before the High Court.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0

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