Name the Exercise ?

Question

This is in the backdrop of recent Bombay High Court Ruling in which they declared the Residential colonies existing EVEN for the last 30 yrs and more on "Forest Land" as ILLEGAL.

How the System Function.

1) A Builder approaches the State Govt. Agency i.e. The BMC for developing a Land which cannot be lawfully developed.

2) The State i.e. BMC gives permission for Development.

3) The Development/Constructions takes place,, People buy Properties and pay Municipal Taxes.

4) The State i.e. BMC approaches the Court to declare the Constructions as ILLEGAL.

5) The Court in the name of upholding the Rule of Law and not taking the State i.e. BMC to task, declare the Constructions as ILLEGAL.

6) The State ensures People not to Worry and they will Protect them from Court's Order.

A Word Of Caution/Advice!!

Pls approach Bombay High Court and get Certification before buying any Property in the State of Maharashtra.

Answer 1

If the BMC is the Seller then they likely breached certain warranties in the deed in which they conveyed the land to the Buyer.  

In the U.S. a Warranty Deed provides that the seller of the land is the owner of the property and has authority to convey the property that is the subject of the deed.  There are other warranties but this is the pertinent warranty here.  

The BMC should make the buyers whole for their loss and improvement on the property.  

I guess that its good to be the BMC.  They received the purchase price, improved property and a return of the property.

Answer 2

Forest lands are inalienable properties unless declared by the courts.