Elephant G Rajendran, petitioner. WP 19566/2015.
Vs
Chief secy, revenue secy, agriculture scy, finance secy, law secy and commissioner of land reforms, CMDA, director of town and country planning and inspector of registration.
Direction to forbear the respondents from giving approval or permission to convert agricultural lands into layout and consequential relief of forbearing the IG registration from registering the unapproved land and buldings.
On August 5, 2016, the bench had said the senior officers of CMDA and registering authorities who are familiar with the issue to remain present in court. As per the director both appeared in court.
In WP 2071/2016, we have already noticed that the notification of Section 22A of the Registration (Tamil Nadu Amendment) Act 2008, has been adjourned since March 2016 and further time has been sought by the state government.
We are concerned in the present matter with the absence of any provision for the Act/rules/regulations at present describing any wetland lying for more than three years to be converted into residential or other use applied for. This was noticed in our order dated March 24, 2016 while simultaneously noticing that only 5% of land area was under statutory planning process and for the remaining 95% plans are yet to be developed.
In a recent publication it has come to light that wetland area in Chennai itself has reduced from about 80% to 15% as per a newspaper publication a couple of days ago. It is stated to be one of the causes for floods, If not the main the cause and we have noticed so in our order dated Septmeber 6, 2016 in WP no. 30951/2016.
AAG submits on behalf of registering authority that the latter really cannot refuse registration where plots in unauthorized colonies are sought to be registered.
We did put a query to the AAG as to how it can be so pleaded as the boundaries of area of which registration sought have to be specified in the sale deed and when there is no sanction for developed area as to where roads are there where plots are located, where common areas are located, and that is done only by the unauthorized development of the land by the developer, the sale deed would itself become incapable of registration.
We are of the view that this aspect would brook no delay till the government develops some thought process for plans and brings into force Section 22A of Registration (Tamil Nadu Amendment) Act 2008.
We thus hereby direct that no registering authority shall register any sale deed in respect of any building constructed on such plots or unauthorized layouts. This order becomes necessary in order to prevent unauthorized and haphazard development/sale of agricultural areas for agricultural use, and giving government time to come forthwith a broad policy document to save ecology and prevent flooding.
The IG of registration shall circulate this order to all registering authorities forthwith. List on October 21.
Madras high court bans registration of unauthorised plots, houses
CHENNAI: Registering sale deed of houses built on unauthorised layouts will not be possible anymore in Tamil Nadu. The Madras high court on Friday imposed a blanket ban on registration of sale deed concerning houses on unauthorised plots and unauthorised layouts, saying it was the only way to prevent flooding and haphazard development in the state.
It also directed the inspector general of registration to circulate the order to all registering authorities in Tamil Nadu forthwith.
"We hereby direct that no registering authority shall register any sale deed in respect of any plots in unauthorised layouts or any flats/buildings constructed on such plots. This order becomes necessary to prevent further development of unauthorised layouts and conversion of agricultural areas for non-agricultural use in an unplanned manner, as also to save ecology and prevent flooding while simultaneously giving time to the government to come forth with necessary policy documents and legislative changes," said the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan. It then adjourned the case to October 21 for further hearing.
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"We are concerned with the absence of any provision for the Act/rules/regulations at present describing any wetland lying idle for more than three years, to be converted into residential or other use," the judges said.
"We are of the view that this aspect would brook no delay till the government develops some thought process and brings into force Section 22A of Registration (Tamil Nadu Amendment) Act 2008," they added.
The bench was passing orders on a PIL filed by advocate Elephant G Rajendran seeking to forbear authorities from giving approval or permission to convert agricultural lands into layout and consequential relief of forbearing the inspector general of registration from registering the unapproved land and buildings.
When an additional advocate general of Tamil Nadu, representing the registration department, told the bench that authorities could not refuse registration where plots in unauthorised colonies were sought to be registered, the bench said the sale deed would become incapable of registration in such situations. When there was no sanction for developing the area indicating where the roads and common areas are, the "sale deed itself would become incapable of registration," it said.
In this regard, the bench recalled a TOI report highlighting how wetland area in Chennai had been reduced from about 80% in the 1980s to 15% at present, and said the bench noticed the fact in an earlier order on a similar PIL on September 6.
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