CS restricts officials from registering transfer deeds in Panchkula tehsil

Bhartesh Singh Thakur

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Chandigarh, March 30

Chief Secretary TVSN Prasad, who also holds the charge of Financial Commissioner (Revenue) and ACS (Revenue and Disaster Management), has issued directions that all registering officers of tehsil Panchkula-SDO (C), District Revenue Officer (DRO), tehsildar and naib-tehsildar “be restrained from registering any type of transfer deeds”. Any violation will be viewed “seriously”.

MATTER SUB JUDICE

• The order of TVSN Prasad, who also holds the charge of Financial Commissioner (Revenue), pointed out that as Gurdeep Virk vs Financial Commissioner was pending in the High Court, which dealt with surplus land, “it is not justifiable to register various transfer deeds under the Registration Act, 1908”.
• It added, “There is no denying the fact that sale deeds can be executed only out of the permissible area of land owner(s) to be determined as yet by the Collector, Panchkula.”

The directions, dated March 29, were issued after Panchkula DC Sushil Sarwan had written to him for “guidance” as he had received a case from naib-tehsildar, Panchkula, regarding an order passed by the Commissioner, Ambala Division, Renu Phulia, dated September 13 for 14 acres at Beed Firozadi village in Panchkula.

Phulia had observed that Prithvi Raj Chhabra, his sister Shashi Gulati and Sunil Kumar Gulati, both ex-IAS officers, were absolute owners of the property in the revenue record.

She revoked a stay imposed by Collector Agrarian, dated September 18, 2003, on the transfer of land and removed embargo on any document presented by them for registration. Chhabra had applied to Phulia for relief on August 9, 2023, as the land was to be sold further. They stated that the land was in a permissible area and the 2003 order was baseless.

The naib-tehsildar, in his letter to the Panchkula DC, stated that the land was part of the land inherited by the legal heirs of Bhagwant Singh, who was the owner of around 1,396 acres in seven villages — Beed Babupur, Beed Firozadi, Bhareli, Sangrana, Barwala, Jaloloi and Fatehpur Viran.

The Punjab and Haryana High Court vide its order dated February 24, 2023, had directed the Collector Agrarian to re-determine the surplus area as per law as it vested with the government. The proceedings for the same were started.

“Consequent to revoking the stay order (by Commissioner Ambala Division) a plethora of sale deeds are likely to be presented soon, due to which there is a possibility of creation of third party interests and jeopardising of government interest. Since the matter is sub judice in the court of Collector Agrarian, Panchkula, and the permissible area is yet to be determined, the surplus area vests with the government,” said the naib-tehsildar.

Prasad’s order pointed out that as Gurdeep Virk vs Financial Commissioner is pending before the High Court, which deals with surplus land, “it is not justifiable to register various transfer deeds under the Registration Act, 1908”.

It added, “There is no denying the fact that sale deeds can be executed only out of the permissible area of the land owner(s) to be determined as yet by the Collector, Panchkula.” It reasoned that permissible area, tenant’s permissible area, and surplus area in revenue estates concerned under the Haryana Security of Land Tenures Act, 1953, and Haryana Ceiling on Land Holdings Act, 1972, is yet to be determined.