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Sunday, February 13, 2011

Affect of the Memo issued by the Urban Land Ceiling Authorities

The petitioner purchased a plot an extent of 427.00 sq. yards situated at SR Nagar near Ameerpet Hyderabad District which was under Urban Land Ceiling Authority. The authorities considered the request of the petitioner and issued memo that the above mentioned land was fallen within the retainable are of the declarants and consequently question of handing over of the said area to the declarants would not arise to that effect a memo was issued. Thereafter the Andhra Pradesh Housing Board approaching the ULC authorities that the property belongs to them. The ULC authorities withdrawn the earlier memo dt. 19-5-2010 on the ground that there is a dispute regarding the said land.

Under these circumstance the petitioner approached the Hon’ble High Court. Questioning the action of the ULC authorities. The High Court after hearing the matter, that neither of them has effect of adjudicating on the rights of any of the parties. If the property purchased by the petitioner is within the retainable area of the declarants under the provisions of the Urban Land (Ceiling and Regulation) Act 1976, they are entitled to assert their right as and when a dispute regarding the petitioners right and title over the said property is raised by any third party. In such an event, the impugned memos would not come in the way of the petitioners. Accordingly the W.P. disposed of. The above case was argued by me on behalf of the petitioner and before the Hon’ble High Court Hyderabad and got favorable orders.

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