File writ petition in HC to set aside order of cancellation
2) take the plea that DDA was not owner of land and that it belonged to private owner at time of sale
Delhi PM Uday cancellation after registration
I got a propery formally registered in Delhi under "PM Uday" scheme. Later DDA cancelled it saying that land belongs to DDA. This claim from DDA is not true because 1 - when the propery was registered this was not at all the case. They introduced this afterwards. 2 - How can DDA decide on a case-by-case basis - which plot in the khasra belongs to them and which not. It seems they just took advantage of the situation around empty plots. 3 - I have full chain of the property and it's clear - it belongs to private individuals all along. What can I do here?
Asked 3 years ago in Property Law
Religion: Other
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7 Answers
In this situation you file a suit for declaration of title and rights in the property in favour of you on the basis of registered sale deed on your name and also for possession, if the DDA has taken physical possession of the property and for permanent injunction against DDA to restrain them from interfering in your possession and enjoyment of the property as well as to restrain them from causing any obstacle or hindrance to your enjoyment of the property.
PM Uday scheme DDA will prepare after drawing local area plan marking boundaries through Survey of India with the assistance of Revenue Authority using satellite imageries. DDA can not claim a single piece of land as belonging out of blue. Check the notification for PMU and confront the same to them. A notification for PMD issued is irrefutable proof of proper declaration which cannot be challenged.
- If that land is registered in your name , then you can file a Declaration and Injunction suit before the Court in Delhi for restrain the DDA to take the possession of that land from you and also to declare the absolute owner of that property
- However, if the land already occupied by the DDA , then you have to challenge the DDA after filing a Writ petition before the High Court.
You can file a writ petition in this case before HC
Dear client I am sorry to hear that but in this case you may file or complaint against the authority with the proper claim and proof.
DDA's sporadic plea of ownership without any proof after registration under PM Uday scheme is invalid.
You can approach High Court by way of a writ petition to get relief.
