Case Note & Summary
The petitioners, land owners, challenged a communication dated 22.1.2015 from the Sub-Registrar refusing to register sale deeds of plots in their layouts. The layouts, comprising 83 and 33 plots respectively, had been sanctioned by the competent authority and the Land Acquisition Officer, Wardha, and a No Objection Certificate was issued on 16.3.2013. The petitioners argued that Chapter VI of the Maharashtra Industrial Development Corporation Act, 1961 (MIDC Act) had not been brought into force in the area, and therefore the refusal was unjustified. They relied on Rule 19 of the rules under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which saves such layouts. The respondents opposed, citing a Gazette notification dated 3.2.2010 under Section 1(3) of the MIDC Act and a Division Bench judgment in Avadhut Rokdoba Shinde v. State of Maharashtra. The court held that the notification under Section 1(3) is equivalent to a notification under Section 4 of the Land Acquisition Act, 1894, and does not affect layouts sanctioned prior to it. The court allowed the petition, directing the Sub-Registrar to register the sale deeds.
Headnote
A) Industrial Development - Registration of Sale Deeds - Section 1(3) of Maharashtra Industrial Development Corporation Act, 1961 - Notification under Section 1(3) is equivalent to Section 4 of Land Acquisition Act, 1894 - Layouts sanctioned prior to such notification are not affected - Held that the refusal to register sale deeds based on a notification under Section 1(3) is unjustified when layouts were sanctioned before the notification (Paras 1-4).
Issue of Consideration
Whether the refusal to register sale deeds of plots in layouts sanctioned prior to a notification under Section 1(3) of the MIDC Act is justified.
Final Decision
Petition allowed. The communication dated 22.1.2015 is quashed and set aside. Respondent no.1 is directed to register the sale deeds presented by the petitioners in accordance with law.
Law Points
- Section 1(3) of Maharashtra Industrial Development Corporation Act
- 1961
- Notification under Section 1(3) is equivalent to Section 4 of Land Acquisition Act
- 1894
- Rule 19 of Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
Case Details
2015 LawText (BOM) (04) 151
Writ Petition No. 486 of 2015
B.P. Dharmadhikari, S.B. Shukre
Mr. S.V. Sohoni for Petitioners, Mr. A.M. Deshpande AGP for Respondent nos. 1,2 & 4, Mr. A.D. Sonak for Respondent no.3
Gajanan s/o Damodhar Shingare and Govind s/o Natthuji Cheke
Sub-Registrar Class-I, Karanja Ghadge, District Collector Wardha, Regional Officer Maharashtra Industrial Development Corporation, State of Maharashtra
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Nature of Litigation
Writ petition challenging refusal to register sale deeds of plots in layouts.
Remedy Sought
Petitioners sought quashing of communication dated 22.1.2015 and direction to register sale deeds.
Filing Reason
Sub-Registrar refused to register sale deeds citing notification under Section 1(3) of MIDC Act.
Previous Decisions
Layouts were sanctioned by competent authority and No Objection Certificate issued on 16.3.2013.
Issues
Whether the refusal to register sale deeds based on notification under Section 1(3) of MIDC Act is justified when layouts were sanctioned prior to the notification.
Submissions/Arguments
Petitioners argued that Chapter VI of MIDC Act not in force and Rule 19 of RFCTLARR Rules saves layouts.
Respondents argued that notification under Section 1(3) is equivalent to Section 4 of Land Acquisition Act and bars registration.
Ratio Decidendi
A notification under Section 1(3) of the MIDC Act is equivalent to a notification under Section 4 of the Land Acquisition Act, 1894, and does not affect layouts sanctioned prior to such notification. Therefore, refusal to register sale deeds of plots in such layouts is unjustified.
Judgment Excerpts
Petitioners/land owners are before this Court questioning the communication dated 22.1.2015 sent by respondent no. 1 refusing to register the sale-deeds of plots in their layouts.
The judgment of Division Bench reported at 2009(2) ALL MR 347 (Shivram s/o Kondaji Sathe & ors. v. State of Maharashtra & ors.) is pressed into service to substantiate the contentions.
The judgment delivered by the Division Bench reported at 2014(1) ALL MR 260 (Avadhut Rokdoba Shinde & ors. v. The State of Maharashtra & ors) is also pressed into service to submit that notification under Section 1(3) is equivalent to Section 4 of the Land Acquisition Act.
Procedural History
The petitioners filed a writ petition in the High Court of Bombay at Nagpur Bench challenging the Sub-Registrar's refusal to register sale deeds. The court heard arguments and delivered judgment on 9 April 2015.
Acts & Sections
- Maharashtra Industrial Development Corporation Act, 1961: Section 1(3), Chapter VI
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 109, Section 112, Rule 19
