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