Revenue Dept to continue registration of title deeds

Kuldip Bhatia
Ludhiana, May 6

In another development that could have far-reaching ramifications on regulation and enforcement of prevailing laws on illegal colonies across the state, the officials of the Revenue Department here have refused to accept the plea made by the Greater Ludhiana Area Development Authority (GLADA) to stop registration of title deeds of plots and buildings located in unlicensed/illegal colonies.

The Deputy Commissioner’s office (HRC branch) had written to the additional chief administrator of GLADA on November 26, 2020, that the submission about stopping the registration of title/sale deeds of plots and properties located in Bholpaur village was not feasible in the light of directions made by Special Secretary, Revenue, Rehabilitation and Disaster Management Departments (Stamp and Registration branch) Government of Punjab, vide his office letter December 12, 2019.

Citing the aforesaid letter, the DC office maintained that no sub-registrar could refuse to register title/sale deed presented before him. “Therefore, you are requested not to make any further correspondence on this subject,” the DC office wrote to GLADA.

Earlier, the state Department of Revenue and Rehabilitation had issued a circular on January 24, 2018, in which it reiterated: “No registrar or sub-registrar appointed under the provisions of the Registration Act, 1908, shall register sale deed or any other document regarding sale of land or plot or building situated in a colony in respect of which licence has not been obtained from the competent authority.”

Again, on March 22, 2018, the Revenue Department issued another circular laying down that updated list of illegal colonies and an NoC of entire colony was a pre-requisite and not the NoC of plot/property for the purpose of registration of the sale deed.

However, as the state government failed to heed to the recommendation of the Revenue Commission in the early 2019 to amend the Registration Act, 1908, in order to ban sale deeds, the Revenue Department took a volte face and issued a fresh notification dated December 12, 2019, superseding all earlier notifications on the subject, and practically gave a free hand to officials for the registration of sale deeds in illegal colonies without NoCs.

Property developer Saurabh Aggarwal said due to legal lacuna, the Revenue Department officials continued to register sale deeds in illegal colonies while claiming that the Registration Act, 1908, being a Central Act, the Department was not bound to abide by the amendment made in the Punjab Apartment and Property Regulation Act (PAPRA), 1995.

Join Whatsapp Channel of The Tribune for latest updates.