• Document Title

Hello Sir,

I am from Andhra Pradesh and had purchased aland in which I had gone for construction. I had approached the City Planning officer and applied for a building plan. 

Town Surveyor had objected my saying that Town Planning register has shown my land as Government Land and then I had approached MRO office which says Settlement Fair Adangal shows my land as Government Land.

I have Link documents of the Land since 1957 and also the tax receipts paid in lieu of than land upto date. Apart, Collector had issued notices to the owners before me in 1987 / 88 and 89 saying its a private land and they have to attend in front of him and surrender his part land during road extension. They had also received a payment then.

My land is not shown in of the 22A Registers. Will Town Survey Register and Sttlement Fair Adangal confer the right of the property?

Now is my land a Government Land or Private One? What are the legal remedies available?

Thanks
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

In cases of repeated sale transactions over a number of years, a presumption arises that since the land is not vested in the Government, the same is permitted to be sold. Such a presumption can only be displaced by the Government with reference to the evidence proving that the land is vested in it.

2) in several Judgments, Andhra pradesh high Court held that entries in RSR cannot be taken as conclusive proof in determining the ownership of lands. In P. Suresh Vs. State of A.P. while dealing with a case pertaining to refusal of registration of a document only on the basis of entry in the RSR showing the land as belonging to the Government, this Court held that the entries made in the RSR in the year 1909 without taking into consideration the evidence for the subsequent period such as registered sale transactions cannot be taken as conclusive proof of ownership. In Shaik Ali Vs. District Collector this Court has referred to and relied upon various other Judgments of this Court in reiterating the position that the mere entries in RSR will not offer conclusive proof of ownership of the land. In Shaik Dudekula Pyari Jan Vs. Revenue Divisional Officer this Court has weighed the entries in the RSR of Doddipalli village showing the lands as Government lands on the one side and registered transactions of the years 1938, 1942, 1959 and 1972 on the other side and held that in the face of the subsequent registered sale transactions, it is for the Government to assert and prove its title if it chooses to do so in a properly constituted proceeding before the appropriate forum in accordance with law and that without doing so it is not open to the revenue authorities or the registration authorities to deny persons claiming rights over such land merely on the basis of the RSR entries. This dicta was reiterated by this Court in Madiga Papanna Vs. State of A.P.

3) RSR is not a stand alone document and entries therein cannot be taken as conclusive proof to determine title. It constitutes one of the many revenue records which have to be considered in determination of title.

4) you should file suit for declaration that you are absolute owner of land and seek permission to carry on construction as per building plans submitted by you . challenge order of town surveyor refusing to sanction building plans

Ajay Sethi
Advocate, Mumbai
96147 Answers
7735 Consultations

5.0 on 5.0

That send a RTI Application to the land revenue department to find out whether the property is indeed acquire by the govt. or not.

If yes then when the property was acquired.

Do Note that acquisition if not implemented within 3 years for the purpose then the acquisition expires.

so your remedies lies in the High Court by way of writ petition seeking de- requisition of your land for the purpose it was acquired.

Devajyoti Barman
Advocate, Kolkata
23115 Answers
505 Consultations

5.0 on 5.0

you can file suit for declaration that you are the absolute owner of the land

2) suit would take 15 years to be disposed of

3) writ petition would be disposed of faster

Ajay Sethi
Advocate, Mumbai
96147 Answers
7735 Consultations

5.0 on 5.0

My land is not shown in of the 22A Registers. Will Town Survey Register and Sttlement Fair Adangal confer the right of the property?

Now is my land a Government Land or Private One? What are the legal remedies available?

This is a question of law especially when the government is claiming this land to be their land.

On the basis of the documents in your possession and merits in your side, you may file a declaratory suit to declare your title.

Drag the revenue department and other government machinery to court to establish the fact of the title to your and on you.

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

As per my conversation with the government people today I understand SFA 1956 is available and it is recorded as Government land in it. No other document is available in the tahsildar office. However, We are under complete possession of the land and recently we had demolished our building in that premises and also had dug a basement pit in it. There was never a notice or no one objected this.

You can produce all the evidences available with you before the court and seek relief of your title declared.

RTI information will not establish the title, you can file a suit with the help of information obtained through RTI act

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer