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Elephant G. Rajendran Advocate Vs. The Chief Secretary Government of Tamilnadu, Secretariat, Chennai and Others - Court Judgment

LegalCrystal Citation
CourtChennai High Court
Decided On
Case NumberWP No.19566 of 2015
Judge
AppellantElephant G. Rajendran Advocate
RespondentThe Chief Secretary Government of Tamilnadu, Secretariat, Chennai and Others
Excerpt:
..............pleaded as the boundaries of the area of which registration is sought, have to be specified in the sale deed and when there is no sanction of 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. 5. 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 22-a of the of the registration (tamil nadu amendment) act, 2008. 6. we thus hereby direct that no registering authority shall register any sale deed in respect of any plots in unauthorized lay outs or any flats/building constructed on such plots. this order.....
Judgment:

In W.P.No.2071 of 2016, we have already noticed that the notification of Section 22-A of the Registration (Tamil Nadu Amendment) Act, 2008, has been adjourned since March, 2016 and further time has been sought by the State Government.

2. We are concerned in the present matter with the absence of any Provisions of Acts/Rules/Regulations at present prescribing any wetland lying fallow for more than three years to be converted into residential or other use applied for. This was noticed in our order dated 24.03.2016, while simultaneously noticing that only 5% of the land area was under statutory planning process and for the remaining 95% plans are yet to be developed.

3. In a recent publications, it has come to light that the wetland area in Chennai itself has been reduced from about 80% to 15% as per a newspaper report published couple of days ago. It is stated to be one of the causes for the floods, if not the main cause and we have noticed so in our order dated 06.09.2016 in W.P.No.30951 of 2016.

4. Learned Additional Advocate General submits on behalf of the Registering Authority that Registering Authority really cannot refuse registration, where plots in unauthorized colonies are sought to be registered. We did put a query to the learned Additional Advocate General as to how this can be so pleaded as the boundaries of the area of which registration is sought, have to be specified in the sale deed and when there is no sanction of 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.

5. 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 22-A of the of the Registration (Tamil Nadu Amendment) Act, 2008.

6. We thus hereby direct that no Registering Authority shall register any sale deed in respect of any plots in unauthorized lay outs or any flats/building constructed on such plots. This order becomes necessary to prevent further development of unauthorized lay outs and conversion of agricultural areas for non-agriculture use in an unplanned manner, as also to save ecology and prevent flooding, while simultaneously giving time to the Government to come forth with the necessary policy documents and Legislative changes.

7. The Inspector General of Registration/9th respondent to circulate this order to all the registering authorities forthwith for compliance.

List on 21st October, 2016.


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