Kumari Palany & Co

Interim ban on land registration relaxed by the Chennai High Court

Posted on: 28/Mar/2017 1:24:59 PM
Accepting the appeal from the state government of Tamil Nadu, the Chennai High Court has relaxed the interim ban imposed on plot/land registration.

Permission has been given for registering the re-registration of the plots/lands registered before the imposition of the ban. In other words, the land/plot bought before 23rd October 2016 can be registered as per the relaxed conditions by the Chennai High Court.

The Chennai High Court accepted the appeal made by the advocate on behalf of the state government of Tamil Nadu and released the new order relaxing the interim ban on registration.

The judges have stressed that the rule to provide 22 feet space for the roads must be followed strictly.

The judges also ordered that extension of time is given for regularizing the lands without any provision for streets/roads, or laying sewer drain pipes and also the state government`s policy on unapproved house plots to be presented before 7th April to the Chennai High Court.

The background of the enquiry/ban:

The details of the petition submitted by advocate Yaanai Rajendran to the Chennai High Court: As per the procedure, there is no provision to allow conversion of agricultural lands into housing plots. However, there have been several instances where agricultural lands have been converted into housing plots without approval throughout the state of Tamil Nadu including Chennai Metro.

This has led to an appreciable reduction in the available lands for agriculture and also directly affected the agriculture and its produce. This action has also been hugely responsible for the flooding and inundation in Chennai city (December 2015). So, the unauthorized procedure for conversion of agricultural lands into housing plots must be immediately banned.

The patient had also sought that the department of registration should be advised suitably not to process registration of unapproved housing plots.

This public petition has been taken up for enquiry by the first sitting bench headed by the Chef Justice. During the enquiry, conducted on 9th September, ordered that the department of registration must not register the land/building in unapproved plots which have been converted from agricultural lands.

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