SC to hear on Friday plea against property registration in Tamil Nadu
New Delhi: The Supreme Court on Tuesday posted for hearing on Friday an appeal filed by the Federation of All India Realtors and Agents Associations challenging an interim order of the Madras high court banning registration of any plots or flats in unauthorized layouts.
A three-judge Bench of Chief Justice T.S. Thakur and Justices A.M. Kanwilkar and D.Y. Chandrachud agreed to hear the special leave petition on September 30 on a ‘mention’ made by senior counsel Shekar Naphade, appearing for the Associations pleaded for early listing.
Acting on a public interest writ petition, the Madras HC in an interim order on September 9 directed the Inspector of registration not to register any sale deed in respect of any plots in unauthorised layouts or any flats / building constructed on such plots. Aggrieved over this order the association in its present SLP said the order was passed without making them a party and hence they should be allowed to prefer this appeal.
It said the interim direction in the absence of any statutory provision under the Registration Act is wholly untenable. Further the blanket ban on registration of sale deed concerning unauthorised plots and layouts in both punjai (dry lands) and nanjai (wet lands) passed by the high court is contrary to the provisions of the Registration Act as applicable to the state of Tamil Nadu.
Further, the SLP said the impugned interim order passed by the Division Bench is contrary to its earlier orders where it directed enquiry to be conducted before declining registration.
The SLP said further the blanket ban on registration of property is opposed to public policy and principles of natural justice. The appeal said in view of the interim order, they are not able to sell the plot to third parties and in that process, the remaining plots are considered to be a plot which cannot be used for any purpose.
This order is not only opposed to public policy but also in violation of principle of natural justice, the SLP said and prayed for quashing the same and an interim stay of its operation till the disposal of the SLP.
