Common man often at receiving end of fraud by property developers, says HC

A division bench comprising Justice N Kirubakaran and Justice P Velmurugan made the observation while passing orders in a case wherein the land in Palavakkam that was meant to be used as a road was subdivided and registered as private property in the name of the property developer’s family members.

Refusing to consider the issue as a civil dispute as directed by a single judge, the bench said: “These people join together and grab the properties of the government as well as private parties, and even if layouts are made, the lands meant for the road and public places are also being grabbed or encroached upon and made as a private land by the developers, violating the rights of the persons who have purchased the plots in the layouts.”

Such illegal acts have been going on for a long time and it is the general public who are the victims, said Justice Kirubakaran who led the bench.

The bench pointed out that in the instant case, the road that is sought to be used by the private respondent was not private property but was the one that is shown as the road in the layout to have access to the plots.

“Whenever a sale is made, the purchasers not only purchase the plots but also the right to use the piece of land shown as road and the sale consideration of the plot would also involve the component of the right to use the road portion.

“Therefore, there is no necessity for the government or the local body to initiate the land acquisition proceedings to take over the road portion in the layout to make it as a public road,” the bench held while directing to strike off the sale deed to an extent of 1,872 sq ft on the file of SRO, Neelankarai, which convey the road portion in the layout, as fraudulent and illegal.

“Failure to hand over the road portion to the local body cannot be taken advantage of to make such an erroneous claim,” the bench added.