Allocation of land
our property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
I am the owner of a flat in a housing board promoted scheme comprising over 140 flats. The land was taken by the Government under Urban Land Ceiling Act 1978, and compensation was paid by ULC department to available land owners. Land was allotted for housing schemes to TNHB through a collector during 1982 against GO recommendations. A different GO stipulates that the collector has to follow a particular method to fix the market rate to hand over the land to TNHB. The total exercise is aimed to charge the cost for the periods over which the land was under the hold of Govt (may be ULC and later with TNHB) until construction was completed and possession handed over to allottees.
– If calculated in this manner, it tentatively appears that TNHB charged approx 351% over the said guidelines.
– Also, recovering the cost for the entire area of land allotted by Govt., TNHB allotted only 54% of land without mentioning the undivided share of land to the allottees.
By securing the required details under RTI, can the allottees of TNHB seek legal remedy through a Writ Mandamus for clarifications and order on lower allocation of land/higher charges per ground/ and non provision of UDS?
V A Sankaran
You have not indicated the year of your purchase of the apartment. TNHB not only acquires the land but develops the same and also puts up construction. The purchase of the apartment and occupation of the same would imply that you have accepted the terms offered.
Though the description of property in the sale deeds executed by TNHB during a certain period did not specify the undivided share of land, the recitals in the body of the document would be to the effect that proportionate undivided share was conveyed. As such, the undivided share can be worked out from the number of flats vis-à-vis the total extent of land. All the flats owners are deemed as owners of the land over which the flats are put up and it is possible to obtain a joint patta to confirm the same. Only on this basis, redevelopment of old projects are taken up.
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