Parts Of Land Not Registered Without Approval Of District Collector, Revision Petition Of State Government Against Decision of High Court

Pune, 31st August 2022: Despite the fragmentation law in Maharashtra, lands are divided into various sections and registered. When the matter came to light, it was made mandatory to take the approval of the Collector or the competent authority by drawing (lay-out) the relevant area if the deed of purchase and sale transactions were to be registered by dividing the lands into pieces.

The decision was challenged in the Aurangabad High Court. The court has lifted this ban. However, the Registration and Stamp Duty Department, on behalf of the State Government, has filed a review petition in the Aurangabad High Court against this decision.

The Registration and Stamp Duty Department has clarified that if the court does not give a decision on this petition, the title deed of the parcel will not be registered. Therefore, it is clear that despite the lifting of the ban by the court, one or two parcels of land will still not be registered without the approval of the District Collector.

The Registration and Stamp Duty Department issued a circular under Section B of the Fragmentation Amendment Act on 12th July last year. Accordingly, while dealing with one-two-three gunta spaces, it was ordered to make a drawing (lay-out) of the relevant area and register the deed after taking the approval of the Collector or the competent authority. For that, the standard area of each district was determined. The sale and purchase of land less than this standard area were rejected. Against this backdrop, this decision was challenged in the Aurangabad High Court. After the hearing, the court ordered the cancellation of this circular. However, a review petition has been filed against this decision.

“A revision petition has been filed against the decision of the court on the instructions of the State Government. The petition has been accepted by the court and the deed of land in the parcel will not be registered until the verdict is heard. Further action will be taken as per the decision of the court,” Shravan Hardikar, Inspector General of Registration and Controller of Stamps, said.