Property legally purchased declared as Government land
I have purchased a land in Medak District of Telanagana State in a legal manner and got the registration done properly. Same is posted on State's website and title deed is clear. Encumbrance statement shows the said property is clear and not mortgages. Suddenly Government has declared the whole layout to the tune of 4 acres as Government Land and gave notices to all concerned owners of the layout informing them of its decision. Government is going ahead to put the whole land for auction (about Rs. 180 Crores). Please advice me to method of approach to get a stay and claim the ownership of the property.
Asked 3 years ago in Property Law from Visakhapatnam, Andhra Pradesh
1. What i the basis of the claiming the land as that of the Govt.
2. In many cases the govt land is not shown to be the encunbered land adn decalred as freehold land in registration office.
3. However if that is so then you have no fault and on the contrary you can cash in on the no encramurance certificate which is given by the govt only.
4. Since a public notice has been given by the govt for auctioning of the same, you have to stall it and to do the same you can file writ application in high court to quash the govt notice.
5. If it is done then it is good for you. Even if it is done as the land indeed is found to ve govt one then aslo you will be compensated by the govt.
6. So meet a good civil lawyer asap.
1) you will have to file writ petition in HC to challenge decision taken by govt declaring your land as govt land
2) seek addinterim injunction restraining govt from proceeding with the auction .
3) in petition mention that you are bona fide purchaser of value had purchased land by regd sale deed duly stamped and regd . that encumberance certifcate showed property as clear
4) you have good case on merits
If the land in question has been acquired by Govt. in accordance with law after registration of sale deed in your favour, if so,you are entitled to claim compensation for the same from Govt. if not, then you can challenge the notification /declaration and obtain stay and cancellation of the same.
Advocate, New Delhi
1. How could the government assert ownership over the land which is owned by an individual? This is difficult to accept. Are you sure that in the past no notification for acquisition of this land was issued by the government?
2. Be that as it may, now that the land is sought to be auctioned by the government the only legal recourse available to the owners of the land is to immediately seek a stay order from the court. The question here is not claiming the ownership of the property. According to you, the title is clear. It is more a question of preventing the unauthorized take over of the land.
3. All the owners should immediately seek a stay order.
Hi, under which provisions of law Government claiming they are the owners of the property and you have not narrated under what grounds Government Claiming that they are the owner of the property.
2 You have to file a deceleration and injunction suit declaring that you are the absolute owner of the property and restrain the Government from interfering in peaceful possession and enjoyment of the property.
1. Have you conducted due diligence about the saidland?
2. Did the Govt acquire the property rcently after your purchase or it was already acquired by the Govt earlier?
3. However, you can file a W.P. against the said Order of the govt praying for stay on sale of the said land and withdraw the notification of sale..
you should file a writ petition before high court and seek stay order because if this land belongs to government property then it could not got registration in name of individual owner. if government has given order for registration legally then promisorry estoppel shall apply against him and law can't permit him to reverse or change his stand. ( at one hand government permits to registration and at second hand he claims it as government property)
if it is government property then individual has no right to register it in own name unless any fraud has been committed. if transaction is fair then it is private land. if government wants to acquire it a proper procedure should be followed by the government under land acquisition act.