Case Note & Summary
The petitioners, Gajendra Shenvi Desai and Radhika G. Shenvi Desai, as vendors, presented a draft sale deed for registration before the Civil Registrar and Sub-Registrar of Pernem (Respondent No.6). The sale deed pertained to an undivided share in property bearing Survey No.202/2 of Village Corgao, Pernem Taluka. The petitioners asserted that the sale was of an undivided right in a plot as per the survey plan issued by the Survey Department, and therefore no NOC under Section 49(6) of the Town and Country Planning Act, 1974 was required. The Sub-Registrar refused to consider the registration for want of such NOC. The petitioners approached the High Court by way of a writ petition. The court heard Mr. Jagannath Mulgaonkar for the petitioners and Mr. D. J. Pangam, Advocate General, for the respondents. The petitioners relied on clarifications issued by the Chief Town Planner on 23/04/2018 and 16/07/2019, and by the Office of the State Registrar-cum-Head of Notary Services on 06/02/2019, all stating that no NOC is required for registration of a sale deed relating to an undivided share in land if the plots are as per survey plan. The Advocate General submitted that if such sale deeds are registered without NOC, it could lead to illegal sub-division of land. The court, however, noted that the clarifications were binding on the Sub-Registrar and that the petitioners' case fell within the exceptions. The court allowed the petition, directing Respondent No.6 to register the sale deed without insisting on an NOC under Section 49(6) of the Act, subject to the petitioners complying with other requirements. The rule was made absolute with no order as to costs.
Headnote
A) Town and Country Planning - Registration of Sale Deed - Requirement of NOC under Section 49(6) - The issue was whether a sale deed for an undivided share in a property requires an NOC under Section 49(6) of the Town and Country Planning Act, 1974. The court held that based on clarifications from the Chief Town Planner and the State Registrar, no NOC is required if the plots are as per survey plan. The Sub-Registrar was directed to register the deed without insisting on NOC. (Paras 3-6)
Issue of Consideration
Whether the Civil Registrar and Sub-Registrar can refuse to register a sale deed of an undivided share in property for want of an NOC under Section 49(6) of the Town and Country Planning Act, 1974, when the plot is as per survey plan and clarifications from the Chief Town Planner and State Registrar state that no NOC is required.
Final Decision
The petition is allowed. Respondent No.6 is directed to register the sale deed presented by the petitioners without insisting on production of an NOC under Section 49(6) of the Town and Country Planning Act, 1974, subject to the petitioners complying with all other requirements. Rule is made absolute with no order as to costs.
Law Points
- No requirement of NOC under Section 49(6) of Town and Country Planning Act
- 1974 for registration of sale deed relating to undivided share in land if plots are as per survey plan
- Clarifications by Chief Town Planner and State Registrar are binding on Sub-Registrar
Case Details
Writ Petition No.700 of 2019
M.S. Sonak, Nutan D. Sardessai
Jagannath J. Mulgaonkar for Petitioners, D. J. Pangam (Advocate General) with Maria Correia for Respondents
Gajendra Shenvi Desai and Radhika G. Shenvi Desai
The Chief Secretary, State of Goa; The Secretary, Town and Country Planning Department; The Chief Town Planner (Administration); The Chief Town Planner (Planning); The State Registrar cum Head of Notary Services; The Civil Registrar and Sub Registrar of Pernem
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Nature of Litigation
Writ petition challenging refusal of Sub-Registrar to register sale deed for want of NOC under Section 49(6) of Town and Country Planning Act, 1974.
Remedy Sought
Petitioners sought direction to Respondent No.6 to register the sale deed without insisting on NOC under Section 49(6) of the Town and Country Planning Act, 1974.
Filing Reason
Respondent No.6 refused to register the sale deed for an undivided share in property for want of NOC under Section 49(6) of the Town and Country Planning Act, 1974, despite clarifications from Chief Town Planner and State Registrar that no NOC is required for plots as per survey plan.
Issues
Whether the Sub-Registrar can refuse registration of a sale deed for an undivided share in land for want of NOC under Section 49(6) of the Town and Country Planning Act, 1974, when the plot is as per survey plan and clarifications from authorities state no NOC is required.
Submissions/Arguments
Petitioners argued that no NOC is required as per clarifications from Chief Town Planner and State Registrar, and the sale is of an undivided share as per survey plan.
Respondents argued that registration without NOC could lead to illegal sub-division of land.
Ratio Decidendi
Based on clarifications issued by the Chief Town Planner and the State Registrar, no NOC under Section 49(6) of the Town and Country Planning Act, 1974 is required for registration of a sale deed relating to an undivided share in land if the plots are as per survey plan. The Sub-Registrar is bound by such clarifications and cannot refuse registration on that ground.
Judgment Excerpts
The Petitioners, in their capacity as vendors, presented a draft sale deed for registration before the Civil Registrar and Sub-Registrar of Pernem-Respondent No.6.
Mr. Mulgaonkar has referred to the clarifications issued by the Chief Town Planner on 23/04/2018 and on 16/07/2019, on this very issue, to submit that even the Chief Town Planner is quite clear that in the circumstances in which the Petitioners are placed, there is no necessity of obtaining any NOC under Section 49(6) of the said Act.
Mr. D. Pangam, the learned Advocate General for the State of Goa submits that if such sale deeds are registered, then, the same may lead to illegal sub-division of land.
Procedural History
The petitioners presented a draft sale deed for registration before Respondent No.6. Respondent No.6 refused to register for want of NOC under Section 49(6) of the Town and Country Planning Act, 1974. The petitioners then filed Writ Petition No.700 of 2019 before the High Court of Bombay at Goa. The petition was heard on 6th August 2019 and allowed.
Acts & Sections
- Town and Country Planning Act, 1974: 49(6)
