1) dont purchase the land as approved plan copies are missing
2) further land is reserved for dispensary and cannot be used for construction of residential premises
Can i purchase the property where the DTCP approval copies for part of land are missing?
I am planning to purchase land of 10 cents in Madurai(Tamil Nadu). My intention of holding this land is to construct a home/ resale the property as the one meant for house construction.
The whole DTCP approved layout is around 10+ acres(DTCP approval is received in year 1982). My desired 10 cents of land is subdivided from 3 acres(approx) of land, which is marked as Dispensary(in the blue print copy which one of my acquaintance is holding. The plot which my acquaintance purchased is not falling under this sub divided category.
When am asking the seller that this part of land is marked as Dispensary, he mentioned following points.The owner who prepared the first plan to divide as plot is a doctor(Say PersonX) who preserved the 3 acres for his future purpose. He is claiming that there were no government documents which says as dispensary.That 3 acre of land is sold by 'Daughter of PersonX'('Daughter of PersonX' got full right to sell the property of PersonX is claimed by seller) to the current seller during June 2019.(from whom am purchasing the plot). During the registration the registrar questioned to provide the sufficient proof(approval copies) from DTCP towards the fact that this part of land is not meant for general use. Through RTI Act 'Daughter of PersonX' applied for requesting the approval copies of the particular 3 acre of land and its classification from DTCP personnels. The reply letter from RTI states that the DTCP records holds the particular land of interest falls under Residential category but the approved plan copies are missing in the records. With that the registration is succcedded and the intended land got registered under his name. And also current seller separately applied for classificaion through another lawyer to DTCP requesting for the same through RTI, he also received the same response. Seller also confirmed that the patta/chitta is transferred to his name(I also confirmed by viewing through online), Seller paid taxes for the land and Seller shown the RTI response copies which conveys as said above. Patta/Chitta classifies it as 'Manai Idam'(In tamil) .
Also please note that he didnot apply again for DTCP approval for the sub divided section of 3 acres. Seller didnot introduce any new roads, based on the existing road Seller is sub-dividing the land and selling it.
And also while browsing for information towards DTCP classication of land, i understood as Under
Residential zone category 1a) - Land meant for Home construction is falling.
Residential zone category 1b) - including all category from 1a) with that dispensaries, nursing homes etc., would fall.
Even if the missed DTCP approval copies mention the category as dispensary, based on the above information it looks to be not an issue.
Does the Dispensary falls under OSR(Open sapce Reservation) where only public ammenties to be built?Please clarify whether it is safe to purchase the land for Home construction/ResaleAsked 6 years ago in Property Law
Religion: Hindu
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6 Answers
Well land laws and types of land differs in every states and in every cities in one state.
So from the information you have given it appears that dispensary does fall in the category of the residential land.
Now in this category whether public premises alone is to be built or premises of private nature can also be set up is not clear and the same can be clarified only by the concerned authority.
Hence best option is to send RTI query to the said department seeking information whether this land type is fit for construction for private habitation.
No zone is planned for hospital or Dispensary or medical zone ? It may either by residential, commercial, green or dark zone etc. But Open space Reservation adopted by TN govt. due to reduction of space reserved for public purpose.
RTI reply is clear still check if this not come under OSR than purchase is safe.
In the light of the facts stated by you it is not advisable to evince interest in the property. Missing records in DTCP's office is an ominous sign. If the original approval of land use is for other than residential purpose, only DTCP is competent to modify the land use at the specific request of the layout promoter. If DTCP issues a certificate about the residential zoning of the property, it will be a good document to rely upon.
if copies are missing then don't purchase such property.
pls consult local property lawyer.
It's risky but if you have any written communication from that department about missing papers then after a news paper publication you can do so
