Background

M/S APG Resorts Pvt. Ltd. intended to expand their operations by purchasing a new piece of land. The owner of the company bought the land from Mrs. K, aiming to mutate and convert the land in their favor. However, complications arose when it was discovered that the land was still legally registered under M/s Shree H Cotton Mills Ltd., with outstanding land revenue dues.

The Issue

The key issue was the legal ownership and the outstanding land revenue. The land was intended for mutation and conversion to the new owner’s name, but the existing registration and dues presented significant obstacles. The company’s legal representatives, Kshetry and Associates, were authorized to handle all legal proceedings, approach government authorities, and resolve the case either in or out of court.

The Legal Solution

Kshetry and Associates approached the issue by first validating the ownership history of the land. They successfully demonstrated in court that the land originally belonged to M/s Shree H Cotton Mills Ltd. but was subsequently sold and transferred to Mrs. K through an Indenture of Conveyance. The team proved that M/S APG Resorts Pvt. Ltd. had rightfully purchased the land from Mrs. K.

Furthermore, they argued that the land should not be classified as factory lands, thereby ensuring that the provisions of Section 6 (3) of the Estate Acquisition Act, 1953 did not apply. This argument was pivotal in removing legal impediments to the mutation process.

Court Directions

The court, convinced by the compelling arguments and evidence presented by Kshetry and Associates, directed the mutation of the land to be done in favor of M/S APG Resorts Pvt. Ltd. The client agreed to settle the outstanding land revenue dues for the property. The efficiency and determination of Kshetry and Associates were instrumental in resolving the issue swiftly and effectively.

Conclusion

The case highlights the importance of thorough legal, due diligence and strategic litigation. Kshetry and Associates’ expertise not only resolved the ownership and revenue issues but also facilitated the smooth transition of the land ownership, allowing M/S APG Resorts Pvt. Ltd. to proceed with their expansion plans without further legal hindrances.