Can a 1000sqft plot in a project on an Agricultural land in Lohgaon be purchased legally today?
- We are planning to buy a 1000sqft plot in a project at Lohgaon (Survey no.93/2/1 with a total area of 1 Hectare 62 Are).
- It's a resale plot. The seller bought it from the property developer in September 2018 via Sale Deed and also has his name in the land records (7/12 utara).
- The Zone certificate of Survey no.93 from April 2018 states that it is an 'Agricultural & Non-development Zone'.
- This survey number comes under the (remaining) part of Lohgaon which was included under the Pune Municipal Corporation on 4th October, 2017 (along with 10 other villages).
- Around 35%-40% of plot owners have constructed homes on their respective plots in this project.
- Can Sections 42A,42B, and 42C from the amended 'Maharashtra Land Revenue Code, 1966' make the purchase of such a plot in the year 2022 legal?
- Though it is clearly understood that the property developer has broken the 'Maharashtra Prevention Of Fragmentation and Consolidation Of Holdings Act, 1947' law by selling plots of a much smaller size than is permissible by this Act.
- Will the illegal sale of small size plots by the developer to our seller adversely affect our transaction now or in the future?
- Lohgaon does not come under the Draft Development Plan of Pune Metropolitan Region 2021-2041, otherwise, this survey number (93) probably would have come under the newly assigned yellow zones.
- If the chain of title is clear and there are no encumbrances on this plot, is it okay/legal to buy this plot?
THANKS.