Society had purchased many lands in 1900.It is a non profit charitable organisation serving orphans and widows.A Government body encroached on a portion of societies land in 1940 without paying compensation or acquisition.Society came to know about this illegal encroachment in 2008. So firstly society approached AC court requesting to make entries in katha,mutations in name of society.In AC court as per rules and regulations,it sent Government body notices but government body failed to file any documents to prove their ownership and they could not prove that they paid compensation or acquired land in concerned departments CITB/BDA.BDA gave NOC’S that said Government body has not acquired lands.In the end AC order was passed in favour of society. Next Government body approached DC court to give stay on AC order,even here DC court rejected the stay application because government body failed to provide documents to prove their ownership. Later Government body approached High court of B’lore where they had got stay on AC order,when society came to know about stay they too approached High court and finally HC also rejected stay and passed order to DC directing DC to observe all documents,entries in ILRR and then to give solution within 2 months. So now in DC court AC order appeal has been upheld and further directed to make entries in katha and city survey records. In this stage,all of sudden Government body states that this particular land belongs to Jodidar village & comes under Inam land. So society enquired about the land and got to know that no application was applied during Inam Abolition act 1954 And also checked revenue records,in Registar number Vlll for our surveys nobody had applied applications for regranting. 1). Since 1941 the Government body was in position illegally, according to AC,DC,High court orders society has proved ownership and now society is in position.so now Government body by rising Inam issue can it gain ownership? 2).what steps society has to take and whom & which court to approach in this circumstance? 3). What is the remedy to save societies land? 4).During the land abolition act 1954 neither government nor any parties had applied applications for regrant of our land and the balance land also not vested in government,so in this case does land goes to purchaser?
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Firstly, when there has already been an act to take care of the land being used by someone else then no question is left for others to say after such a long time.
Secondly, as it’s been years the society is having all right over the land.
Thirdly, it is only the frustration of the government encroacher to trouble the society which is of no use as per law.
1. No since they have no documentary proof and further no such mutation of Inam land was done they cannot further bring this is now at this stage.
2. See since the issue is adjudicated by the high court on ownership so now if in case they appeal or revision before the HC or SC the society can defend same.
3. If as per the order if property is mutated society should take possession.and further needs to keep a check if government goes for any appeal in the case or file a separate case on Inam issue.
4. If the land belongs to society or trust from.time it shall be with society it does not vest with purchaser.
If it was imam land govt body should have raised said plea before trial court
2) Govt would not be granted ownership
3) since no appeal has been filed by govt before SC order passed by HC is final and binding
4) take out contempt of court proceedings if govt dies not deliver possession of land
When the DC has upheld the AC Order. The matter has reached finality in so far as the ownership of the land is concerned.
Now after the above order, if the government body is raising a new issue in so far as terming the land to be belonging to Jodidar village and comes within Inam abolition act, before the DC will not suffice. The government body must take up the matter before the High court.
If you wish to participate in the proceedings and argue before stay is granted, then file a caveat petition before the High court of Karnataka in order to be heard first.
Now we have received DC ORDER it directs to make katha in name of Government, Firstly same DC had made order under sec 1964 of Revenue act 136(3) to make katha in favour of society, but now DC under the pressure of Assistant Cheif secretary of health department DC is forced to add INAM ACT and to make katha in name of government. it states that the land in question was inam land and there is no regrant in favour of society.According to Inam abolition act section 3(1)(B),4,5,6,7,9,10(3)(A) NO PERSON SHALL BE ENTITLED TO BE REGISTERED AS AN OCCUPANT UNDER SECTIONS 4,5,6,7,9 UNLESS THE CLAIMANT MAKE AN APPLICATION TO THE TRIBUNAL.EVERY SUCH APPLICATION SHALL BE MADE. (B) WHERE NO APPLICATION IS MADE WITHIN THE PERIOD SPECIFIED IN CLAUSE(a) THE RIGHT OF ANY PERSON TO BE REGISTERED AS AN OCCUPANT SHALL STAND EXTINGUISHED AND THE LAND SHALL VEST IN THE STATE ABSOLUTELY. And they say land is UNCLAIMED PROPERTIES. 1). Despite holding all sale deeds( society had purchased land from various parties) And government encroached since 1940 and after fighting in courts now we got land in favour of society so in this case does INAM ACT APPLY ? 2) Just because application was not applied by society for regrant in 1954 dose land go to state? 2.Please guide me what to do next. 3.Please specify similar citations of High court and Supreme Court.
if it was imam land then you would have no rights on said land
2) land would vest in state if application was not made for re grant
3) you can file appeal against said order