Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

In 1986, I purchased a 1969 DTCP approved plot in a suburb in Chennai. At the time of purchase, I did not get the patta transferred in my name. In 1987, after obtaining approval from the local municipality (duly authorised by the then MMDA), I constructed a house and I am residing there currently.

It is reported that the lands in question were under the possession of Dharmapuram Atheenam and were taken over by the government under the Minor Inam Abolition Act. The High Court of Madras upheld the Act and the case is pending in Supreme Court.

In 1995, the Settlement Officer, Thiruvannamalai conducted a detailed enquiry and issued a patta in favour of all the plot owners. He also passed the orders to the local municipality to make necessary entries in the Town Survey records. However, this was not done for reasons unknown to us.

After a few years, in the jamabandhi conducted by the revenue authorities, certain plot owners submitted applications for issuance of patta, and they were issued. The entries were not made in the local municipality records.

In 2009, the Asst. Engineer, WRD, PWD issued a notice to the plot owners for removal of encroachment in Form III under Rule 6 of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Rules. He contended that the lands were in Survey No. 104/1 which was part of the lake as per the revenue records, and advised us to vacate the premises/vacant land.

In fact, the plots were located in Survey Number 104/3 which was different from the one mentioned in the notice. Aggrieved by this ex-parte order, the owners approached the High Court.

The First Bench, instead of rightfully quashing the notice, directed us to submit a representation to the department concerned and the department to dispose off the representation within 21 days. Though this order was passed in 2009, we are yet to receive the response from the department concerned.

Incidentally, the patta issued in 1995 by the then settlement officer in Thiruvannamalai, has not been set aside during the last 20 years.

At the same time, that patta is not being accepted for approving developmental plans by the local Municipal Authority. Even the patta issued in the jamabandhi by the then deputy collector is not being accepted by the local authorities.

Several representations made to the revenue authorities have yielded positive results and the papers are being pushed to different departments with no one concerned about taking a decision in the matter.

Please clarify whether an approved DTCP plot approved in 1969 can now be claimed by the government to be part of the lake? And can action be taken under an Act passed in 2007?

R. Suryanarayanan

Chennai

The facts have to be ascertained to appreciate the issues at hand.

Your solution will depend on whether or not your land was originally a water body and erroneously classified as housing plots. Your issues are complex and cannot be answered without perusing all the relevant documents. Please consult your lawyer in this regard.