State: 9,760 unapproved lands sold in ban period

The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar on hearing the plea on Thursday, despite the court’s customary one-month summer recess in progress, observed that for the diagnosis in progress to identify the virus bogging the system, a feedback on the regularisation scheme evolved by the state ought to be obtained. Directing the Government Pleader to ensure circulation of the newly framed rule by Friday to all the stakeholders, the bench then posted the case for further hearing to May 12. 

Earlier, VBR Menon, who had sought to declare the proviso to the amended Sec 22-A (2) of the Tamil Nadu Registration Act, 1908 to be violative of the Constitution, contended that registration of documents under the proviso of Sec 22-A (2) of the Act shall have the effect of perpetuating the illegality as on ‘ongoing’ process for ever. 

He also contended that the proviso, which permitted transfer of ownership of unauthorised properties, which were already registered before September 9, 2016, may also cause failure of the proposed regularisation scheme due to the benefits already available to them under the said provison.

Menon also submitted that those who invest in land would certainly know about the prevailing price differences between approved and unapproved plots and hence cannot claim ignorance and innocence to escape from the consequences of non-compliance of law later. 

“Extending any concession to them shall be unfair to those who have abided by the law and made legal investments by purchasing approved plots. Moreover, the owners of the approved plots are not remediless as they can apply for plan approval of their plots under provisions available in the Directorate of Town and Country and Planning Act, 1971,” he added. 

Incidentally, the Inspector General of Registration in his status report submitted that the total number of documents that were registered after the blanket ban imposed on November 9, 2016 to March 28, 2017 in all the 578 subs-registrar offices was 8.81 lakh. Out of this, 2.39 lakh sale deeds were registered. Moreover, the nine Deputy Inspectors General of Registration who head the zones have submitted that as many as 9,760 sale documents relating to unapproved layouts were registered by the Sub-registrars and the same are being assessed and verified.