I had purchased a plot in Form IV colony situated at Gwalior, Madhya Pradesh (A colony having all the amenities viz. Gardens, roads, electricity poles, sewerage, covered boundary wall, etc.) in 2014 after getting it financed from nationalized Bank and I have also done general insurance of the said plot. The colony had been made after obtaining all requisite permissions from the concerned Authorities of the Government and later on taken over by the Municipal Corporation. The sale deed was executed and possession of plot was delivered to me by the Colonizer. My name is also entered in the municipal corporation record at Gwalior (M.P.) and municipal tax of the plot has also been paid by me. However, mutation in revenue records is yet to be done.
Meanwhile, Collector, Dist. Gwalior has passed an order declaring the entire Colony to be made on Government land. In the order, Collector has mentioned that there were manipulations in the Khasra Entries some 50 years back (when the colony was not in existence) and as such the land is Govt. land and also ordered all the Revenue Authorities to record the same in the name of Government.
The aforesaid order of the Collector has been challenged by the Colonizer in High Court by filing writ under Article 226. The case is pending and interim order of maintaining status quo has been passed by the High Court.
Now, my question is that as a bonafide purchaser, what relief from Colonizer in terms of money can I get at this stage and in what proceedings, considering the fact that lis pendens will come in my way. I want to get refund of money from the Colonizer as this case is likely to go on for long. What steps in which proceedings should be taken by me to get my money back, i.e. whether should I approach the consumer forum, or file writ petition or take criminal action or what else. Please help.
Asked 4 years ago in Property Law
My follow-up query is this:
The plea of lis pendens will always be there with the Colonizer. Even if the pending writ petition gets decided in favour of Colonizer, the State will go in writ appeal, otherwise Colonizer will go in writ appeal. From there the matter will travel to Supreme Court. So this lis pendens will be there for years to come. Moreover, what benefit this status quo order gives to consumers like us. Mutation cannot be done in my favour. I cannot raise any construction on it till the order of status quo persists. I cannot sell the land to anyone. Only I am supposed to fill the EMIs of the Bank for years to come (till the matter attains finality from Supreme Court) with no right to enjoy the property purchased by me.
In the above scenario, cant I get any relief from the consumer forum and direction to the builder to refund the money to me and take his plot back. And if this is not possible due to lis pendens, cant I get any interim protection from consumer forum in the nature of direction to the Colonizer to refund around 40-50% o the amount of plot till the matter attains finality ?
Asked 4 years ago