Posted by The Madras high court once again reserved authorities from enlisting or re-enlisting land forming part of any non-sanctioned real estate until further directions.
The restriction on taking on record of sale of non-sanctioned land in Tamil Nadu is back in force.
Quora
Significantly, the first bench of Chief Justice Indira Banerjee and Justice M Sundar further sought information on plots taken on record in breach of the court’s September 9, 2016 restriction.
The Court announced that it was inclined to decide the matter during the course of its hearing on 4th & 5th May.
Incidentally It was on September 9, 2016 Justice Chief Justice Sanjay Kishan Kaul forced a comprehensive interdiction on taking on record, unsanctioned real estate. On Friday,, the bench restrained the officials from taking on record properties exempted by the March 28 relaxation, till May 4. For latest Real Estate News, visit site for sale in sarjapura
Arguments
A bunch of 12 PILs have been admitted for the consideration of the bench, which directed that until the matter is decided no enlistment of land should be done.
During arguments, the bench came down heavily upon the permission given for resale of unapproved properties, saying it was akin to putting premium on breach of law. Such occurrence would act as a complete preclusion of those who abide by law.
Noting that buyers of unsanctioned land were investors in real estate, the bench observed that no one would part with his or her possession of dwelling space unless the person is in a financial crisis.
The Bench observed while hearing the lead PIL which revealed that subsequent to the September 9 restriction, 4 lakh dwelling spaces had changed hands illicitly, that this tantamount to contempt of court and the Bench assured that such deals would be a nullity. For latest Chennai real estate news and updates, follow plots for sale in sarjapura
Impliedly registration and resale of properties after the modified order of March 28 will also be subject to the outcome of the writ petitions.
Senior Advocate Nalini Chidambaram argued that modifying the March 28 order would confuse the general public.
Advocate V B R Menon argued that the blanket ban order of September 9 created fear of law amongst violators. But the modified order passed on account of the amendment in Section 22A of Registration Act, resulted in the creation of dual classes of property owners, thus rendering the link between the law and its object defunct. For more news updates about Indian Realty, visit 30X40 sites for sale in sarjapura
Senior counsel Ramakrishnan, said the March 28th order gave a much needed opportunity for landowners who wanted to sell their properties for financial emergencies. Status quo could be continued even as court considers the other bigger issue of PILs concerning unapproved layouts.
Another Counsel informed the Court that 4 lakh documents had been registered after September 9 ban and after March 28 relaxation, 60,000 documents were registered. On the day before the hearing on Friday, the Inspector General of Registration was transferred. He submitted that the Government may be asked to file an affidavit denying submissions. Visit approved plots for sale in sarjapura for latest Tamilnadu Real Estate News updates.