Supreme Court Puts A Hold On Fragmented Land Registrations In Pune
Pune, 29th July 2023: Concerns over land fragmentation in Pune have led to the enforcement of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act. Despite this, cases of dividing land into smaller pieces and proceeding with registrations have emerged.
To address these irregularities, authorities issued a circular mandating that any purchase or sale of such fragmented lands must be accompanied by a layout of the area and permission from the collector or a legal authority.
However, the Aurangabad bench of the Bombay High Court (HC) challenged the circular and ruled in favor of cancelling it. In response, the Stamp and Registration Department filed an appeal in the Supreme Court (SC) to overturn the HC’s decision. The SC has now granted a two-month stay on the HC ruling, temporarily suspending the registration of fragmented land during this period.
The circular, issued on July 12, emphasized the need for a layout and official approval before transactions involving land parcels ranging from 1 to 3 gunthas. The move aimed to curb haphazard land division and promote planned urban development in Pune. However, the HC’s ruling raised questions about the circular’s validity, leading to a legal battle between the state government and registration authorities.
The state government argued that allowing registration of fragmented land could lead to unplanned growth, illegal constructions, and other problems detrimental to the city’s development. The SC considered these arguments and stayed the HC ruling for two months, preventing registrations of 1-2 guntha land during this period. This gives authorities time to review and amend the Act if necessary.
Hiralal Sonawane, the Inspector General of Registration and Controller of Stamps, confirmed that the SC’s decision upheld the Stamp and Registration Department’s stance. He assured that appropriate measures would be taken to address the issue and bring about the required changes to the Act.
The SC’s stay on the registration of fragmented land in Pune is a significant step to regulate land transactions and encourage planned development. It allows authorities to reevaluate existing regulations and devise effective strategies to tackle the challenges posed by land fragmentation. Stakeholders in Pune’s real estate sector will closely monitor developments over the next two months to understand the ruling’s impact on land transactions and urban planning in the city.
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