Dear legal experts from CACLUB community
A. We have joint family property with 1979 govt approved layout. The layout haS 2 areas earmarked as park areas and one area earmarked as open area. On the layout plan these areas are specifically marked as parks and open area respectively.
B.The purpose of the open area was to facilitate parking, loading and unloading required for the shopping complex ( also belonging to our joint family ) right next to it. This was the specific purpose for which the area was left open.
C. Recently half of the said shopping complex got half demolished due to road widening and the half demolished complex has been lying vacant awaiting repairs, The whole exercise got delayed due to corona lock down. The open space after so many decades for the first time has been lying quiet without being used.
Now suddenly out of the blue to our shocking surprise the Greater Hyderabad Municipal Corporation ( GHMC ) issued a tender to construct a compound wall around the said open space claiming that since it is a open area inside an approved layout it belongs to GHMC.
We have 4 decades of pahani copies showing ownership, a registered partition deed dated 2014 clearly stating the shares of the shopping complex and clearly mentioning that the said open area is jointly owned land which has been set aside for future development. We also have property tax receipts of the last 30 to 40 years, electricity receipts, notices given by GHMC for acquiring half of the shopping for demolition and the compensation cheques.
Note: No notice has been served by GHMC prior to issuing the said tender.
Keeping the above facts in mind please help with your respected expert opinions on the below queries:
1. What is he actual legal position on open areas in a govt approved layout ?
2. Based on the above facts mentioned does the govt any case against us and is there any justice in trying acquire our long held land ?
3. How should we build our case when going for a stay in honourable high court ? What should be our main ground for seeking stay ?
4. Are there any relevant case laws from supreme court or high court which can come to our rescue ?
Thank you and regards.
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