Madras High Court Relaxes ban on registration
of unapproved Panchayat plots and Buildings Already Registered
Before October 23, 2016...!
About 6 months after passing an order imposing a blanket
ban on registration of plots and buildings in unauthorised housing layouts in
Tamilnadu. the Madras High Court on March 28, 2017 modified its order by
permitting transfer of ownership of such properties, which were already
registered before October 23, 2016.
The First Bench of Acting Chief Justice Huluvadi G.
Ramesh and Justice R.M.T. Teeka Raman agreed to relax the ban relying on the
assurance given by the State government that a proper scheme would be brought
into place within a week. However, the Bench made it clear that no registration
of new unauthorised property can be allowed.
The issue pertains to a PIL moved by advocate Elephant G.
Rajendran seeking a direction to the government to forebear giving approval or
permission to convert agricultural lands into layouts, and consequently
forebear the registration authorities from registering such properties.
On September 9, 2016 the court passed an interim order
banning registration of such properties in the State. Later on January 31, the
ban was extended to union territory of Puducherry also.
When the plea came up for hearing on March 28, 2017, the
counsels appearing for real estate developers pleaded the court to at least
vacate the ban pertaining to the lands and buildings registered before the
interim order was passed.
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