Wednesday, July 4, 2012

Government foils attempt to grab land

HYDERABAD: Foiling an alleged attempt of land grabbing incident, the state government has called the bluff of those who sought to possess it on the basis of a 200-year-old gift deed.

The office of chief commissioner of land administration (CCLA), Minnie Mathew passed an order on June 18 cancelling NOCs granted by the government for construction on 'abadi' land (land that is considered common village property) measuring 2.57 acre located in the vicinity of Midhani bus depot and Owaisi Hospital at Phisal Banda in Bandlaguda mandal. The CCLA ordered the collector to reclaim the land. According to real estate experts, abadi land does not find a mention in town survey records and unless there is prior possession, the land is usually presumed to be government property for common use.

In March 2010, five individuals (applicants), belonging to the same family had filed for a 'no objection certificate' from the government on Phisal Banda land which was surprisingly granted within a week. The individuals had shown gift deeds from the time of Maharaja Chandulal (1222 Hijri or around 1801CE, as stated by the applicants) to prove their 'ownership' of the land. After the NOCs were issued, an objection was raised by members of CPM claiming that the land was 'abadi' land. Later, based on the recommendations of commissioner of survey, settlements and records, the NOCs were put in abeyance by the Hyderabad district collector.

The collector had also requested the government in December 2010 to cancel the NOCs as they were not in tune with the law. The government directed the CCLA to take necessary action. Incidentally, the Lok Ayukta, which had earlier taken up the case suo motto, also directed the CCLA to look into the matter.

In their reply to the show cause notices issued by the CCLA, the applicants detailed their 'inheritance' of the property and also maintained that some land was acquired by the government for industrial development and road widening. In a remark, the collector said the government cannot acquire the said 'abadi' land and that the applicants submitted no proof of land acquisition. Based on the responses of the applicants and the remarks of the collector, the CCLA cancelled the NOCs on the ground that they were obtained by misrepresenting facts and taking wrongful advantage of ambiguity in records. The collector was ordered to take possession of the land and secure it.

© 2012 Bennett, Coleman & Co. Ltd. All rights reserved

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