Ban on registration of unapproved plots back

  • | Saturday | 22nd April, 2017

Chennai: The blanket ban on registration of unapproved plots in Tamil Nadu is back.The first bench of Chief Justice Indira Banerjee and Justice M Sundar restrained authorities from registering and re-registering any plot that is part of an unapproved layout for the next three weeks or until further orders.More importantly, the bench also called for details of registration of unapproved plots registered in violation of the court's September 9, 2016 ban order. The bench held the registering officials personally liable for violation of the order.On March 28, the then first bench referred to the provision of Section 22-A of Tamil Nadu Registration Act, and allowed resale and registration of unapproved plots that had already been sold and registered.On Friday, however, the bench restrained the officials till May 4 saying it was not inclined to permit registration of plots unapproved by authorities. 'Even registration and resale of properties following the March 28 modified order are subject to the outcome of the writ petitions. A total of 12 PILs were brought before the bench, which said there should not be any registration or re-registration till the matter is decided.When advocate Elephant G Rajendran, whose PIL led to the blanket ban on unapproved layouts and conversion of farm lands into housing plots, said at least 4 lakh unapproved plots had been sold illegally after the September 9 ban order and that it was a gross contempt of court, the bench said such registrations would be 'undoubtedly a nullity. "For a period of three weeks from date or until further orders, whichever is earlier, the authorities are restrained from registering instruments relating to the transfer of ownership of lands converted as house sites, without the permission for development of such land from the planning authority concerned, irrespective of whether the same has previously been registered as house sites...The government shall also file a statement/report of the numbers of registrations which have taken place after September 9, 2016, when the initial interim order was passed by this court," read the order.The bench then said it would decide the issue one way or the other after a special sitting on May 4 and 5.It was on September 9, 2016 that the first bench headed by the then Chief Justice Sanjay Kishan Kaul imposed a blanket ban on registering unapproved plots or converting farm lands into housing plots without following norms.

Chennai: The blanket ban on registration of unapproved plots in Tamil Nadu is back.The first bench of Chief Justice Indira Banerjee and Justice M Sundar restrained authorities from registering and re-registering any plot that is part of an unapproved layout for the next three weeks or until further orders.More importantly, the bench also called for details of registration of unapproved plots registered in violation of the court's September 9, 2016 ban order."For a period of three weeks from date or until further orders, whichever is earlier, the authorities are restrained from registering instruments relating to the transfer of ownership of lands converted as house sites, without the permission for development of such land from the planning authority concerned, irrespective of whether the same has previously been registered as house sites...The government shall also file a statement/report of the numbers of registrations which have taken place after September 9, 2016, when the initial interim order was passed by this court," read the order.The bench then said it would decide the issue one way or the other after a special sitting on May 4 and 5.It was on September 9, 2016 that the first bench headed by the then Chief Justice Sanjay Kishan Kaul imposed a blanket ban on registering unapproved plots or converting farm lands into housing plots without following norms. The bench held the registering officials personally liable for violation of the order.On March 28, the then first bench referred to the provision of Section 22-A of Tamil Nadu Registration Act, and allowed resale and registration of unapproved plots that had already been sold and registered.On Friday, however, the bench restrained the officials till May 4 saying it was not inclined to permit registration of plots unapproved by authorities. A total of 12 PILs were brought before the bench, which said there should not be any registration or re-registration till the matter is decided.When advocate Elephant G Rajendran, whose PIL led to the blanket ban on unapproved layouts and conversion of farm lands into housing plots, said at least 4 lakh unapproved plots had been sold illegally after the September 9 ban order and that it was a gross contempt of court, the bench said such registrations would be 'undoubtedly a nullity.'Even registration and resale of properties following the March 28 modified order are subject to the outcome of the writ petitions.

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