Legal Question in Real Estate Law in India

We have purchased land in 1991 which is in Kalyan Dombivali Muncipal Corporation limit, which is near by Mumbai, Maharashtra, India, this land is NA plotting land.

In 1995 when new Development Plan came for KDMC area, corporation declared CWC(Common Welfare Center) on our land in around area. We protested by letter to corporation but they replied orally that no one can challenge DP(Devlopment Plan). We chase corporation for not to keep reservation on our plot which is just 688 Sq. Mtr. for more than 3 years with many protest letters and meeting with respective officers as well as commissioner of corporation.

Once we was in Talathi office where we met one builder to whom we narrated our story as the land we purchased was for our retirement benefit, now KDMC have come with reservation on our land.

He promised us that my brother is corporator and i have good influence in corporation as i have built so many residential complexes and in some of the land i got relaxation in CRZ rules means i am having good contacts in center(New Delhi). we are convinced and enter in registered Development agreement and Irrevocable power of attorney to develop our plot with him in the year 1999. Irrevocable POA says owner should give him clear marketable title. He is trapping us on this condition, we signed and registered with taking Rs. 21,000/- token amount and remaining in way of 4 flats each of 500 Sq.ft built up area in the building.

We was regularly going to his office till 2007 for followups, but after that we was fade-up and come to know he fooled us. We have written him many notices to cancel our irrevocable power of attorney and take your expenses. In 2009 we send notice through lawyer, but instead to co-operate us his lawyer says there is corporation reservation on land and owner have declared in irrevocable POA that they will remove these hurdles to get plan pass, my client is innocent so he cannot cancel the registered POA. Corporation is also not doing anything on this reservation from last 17years.

We applied to KDMC through RTI act in oct. 2011 that did our POA holder done any efforts to get sanction of building plan on our plot or any efforts to remove reservation? KDMC replied he has not done anything but applied for TDR in the month of June, 2011.

We gave notice to KDMC through our lawyer, because there is no provision in our registered POA to him for any TDR to be taken on our existing land. We met to commissioner of KDMC, he promise us orally that we will not issue any TDR to him but advice to get cancel his POA through court because this reservation may be lifted soon.

Please guide us, as we don't want to give him any chance to develop our property as his behavior to us in last 14 years was very negative and rather very rude. Kindly suggest how can we cancel given POA without taking much time as we are retired now and want to built our individual house.

We will be very grateful to your law expert as we want to teach him a lesson and he will never take common man for granted.

Thanking you, in anticipation.


Asked on 4/25/12, 11:45 pm

2 Answers from Attorneys
ranganathan raghavachari R.Ranganathan & Associates

You just send notice cancelling the POA and do things you want to do. Let him then come out with his intention. POA for 14 years itself is not valid. But the advance amount you have received for development will create problem. You can just return the same by cheuqe stating that you are not interested in the same as per the present market value. You wait for his response, then act accordingly.

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Answered on 4/26/12, 4:28 am
Shrichand Nahar S.V.Nahar, Advocate

Since land is under reservation, it may not be developed.

For breaches of your agreement, you may take suitable legal recourse.

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Answered on 7/07/12, 3:54 am


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