The court has approved sale of the flats in Kochrab village ruling that they are not in disturbed area .
Putting all the controversies over the Mewavala flats in Kochrab village in Paldi to rest, the Gujarat high court on Friday held that the area does not fall under the disturbed area. The court asked the registrar of the cooperative to release the sales deeds of the flats which were in disputes.
The high court (HC) pronounced the verdict that the plot on which the Mewavala flats are built does not come under the disturbed zone area and that the property can be sold to anyone. However, the court imposed fine of Rs25,000 each on the Kocharab Hitrakshak Committee and the state government and asked to pay the amount to the builder for the litigation.
Advocate for the builder SMA Infrastructure, Apurva Kapadia, told DNA that the court on Saturday had pronounced the order allowing further sales of the flats and imposing cost on the state as well as the committee. However, he added, that they are still waiting for a detailed order, which they expect to get only after three or four days.
Kapadia said that the SMA Infrastructure had constructed flats and had sold 19 of them to various people. Their sales deeds were also registered. However, when the buyers approached the office of the registrar, they were informed that there were objections against the sale of the flats as the plot fell under disturbed zone. They were told that the flats cannot be sold to communities other than Hindus as per the notification.
The deputy registrar, on July 27 2010, wrote to the collector stating that the flats fall under the disturbed zone. But, but on the same day, the circle officer wrote to the mamlatdar that the particular plot does not fall under the said disputed zone.
“In such circumstances, we produced ample evidence, which included sales deed of the adjoining plots that were allowed to be sold without any objection. We also pointed out to the irregularity and revenue records of the property. Based upon all the evidence, the court gave verdict giving the green signal to the sale of the flats,” Kapadia added.
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