You would not be exempted from paying regularisation fees as property was sold without layout approval
2) you don’t need NOC as urban land cieling act has been repealed and property was never acquired by govt
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Is NOC required for property listed under Urban Land Ceiling Act
Property Location : Madhapur, Hyderabad, Telangana. 1) 1963 - Md Fakruddin purchased 4 Ac. 9 Guntas agricultural land. 2) 1990 to 1999 - Ms Fakruddin sold all of his property by converting his agricultural land into plots but the conversion from Agricultural to private land was not approved. In other words the plots sold were not approved by the local municipal authority. 3) 1999 - My father purchased 1190 Sq Yards from Md. Fakruddin. 4) 2000 - My father transferred the property to me, his son, via a registered unconditional gift deed. 5) The property is apparently prohibited under Urban Land Ceiling Act of 1972 where only 1000 Sq Meters(1196 Sq Yards) can be held by a person. 6) 1999 - The Urban Land Ceiling Act of 1972 was replaced by The Urban land (Ceiling and Regulation) Repeal Act, 1999 7) 2008 - The state of Andhra Pradesh adopted the ULC repeal act on 18.06.2008 8) The schedule property was never acquired by the government. It was always in the hands of private parties. 9) I took out a market value certificate of the property in which it is mentioned that the survey number that the property falls under is prohibited under ULC. When I asked the SRO the reason for this when the ULC Act has already been repealed, the SRO said I need to approach the ULC Dept for clarification if need a NOC for the property or not. My questions are:- 1) My property is less than 1000 Sq Meters. Any property upto 1000 Sq Meters is exempt, as far I know, from having to pay regularization fee. However since the property was sold without the layout being approved by the local municipal authority, do I get exempted from paying the regularization fee or not? 2) Do I still need to get NOC from ULC Dept. since the ULC Act has been repealed?. 3) Any Laws or Acts or Orders or GOs or judgments confirming weather I am needed to or do not need to get the NOC from the ULC Dept. will be greatly appreciated. 4) I have asked around a lot and some laywers said that I still need to get the NOC from the ULC dept while some others have said that I do not need the NOC anymore since the ULC Act has been repealed and the property was never acquired by the govt either. Please help.
Asked 6 years ago in Property Law
Religion: Hindu
5 Answers
Act is already been repealed due it`s misuse. No NOC required.
You need to pay the regularisation fee. If the ulc act has a saving clause for the same noc is needed. You can go for writ petition in high court for appropriate directions if not assisted by govt department
You would not be exempted from paying regularisation fee.
NOC is not required as the act has already been repealed.
1. Have you approached the authorities for regularisation under the latest government scheme?, if not approach them immediately and get the issue regularised instead of wasting more time on discussion alone.
2. If the ULC department is not functioning, then you may state the same to the authorities concerned if they insist on it.
3. You know the law better and also you say that the ULC has been repealed hence there wont be a necessity for the NOC.
4. Whatever worth it is, better approach the department and apply for NOC, if it is not required then the will inform you accordingly.
