The petitioner is a Gram Panchayat located in the neighbourhood of Proddatur Town, Kadapa District. It consists of Kothapalli, Modameedipalle, Surveyreddypalle villages. On finding that the lands within the area of operation of the Gram Panchayat are being purchased in the shape of plots from unauthorised lay outs, the Sarpanch and the Secretary of the Gram Panchaayut have approached the Joint Sub-Registrar-I and the Sub-Registrar, Proddatur, respondents 4 and 5 herein, with a request not to entertain the sale deeds pertaining to the lands in the Gram Panchayat. They have also made a written representation dated 20.12.2010. The 4th respondent in turn informed the petitioners, through letter, dated 24.12.2010, that there is no prohibition against the registration of documents in relation to the plots in unauthorised or unapproved lay outs and instead, they can make efforts to get the properties under the purview of Section 22-A of the Registration Act, 1908 (for short ‘the Act’). The petitioner prays for a direction to the 1st respondent to issue a notification, in respect of the lands in the limits of Gram Panchayat, prohibiting the registration of documents in relation thereto.

The petitioner contends that Section 22-A of the Act has been enacted only with a view to prevent registration of documents pertaining to unauthorised transfers and that prayer made by them squarely fits into that provision. It is also urged that the indiscriminate sale of plots in the unauthorised and unapproved lay outs is adversely effecting the revenue of the Gram Panchayat as well as composition and structure.

A counter affidavit is filed on behalf of respondents 4 and 5. They submit that the Act, as it stands now, does not clothe them with the right to register the document and that the petitioner can take necessary steps to prevent any unauthorised constructions.

Heard Sri K.Subrahmanya Narusu, learned counsel for the petitioner and the learned Government Pleader for Revenue.

The grievance of the petitioner is that taking advantage of the proximity of the Gram Panchayat to the Proddatur Municipality, the developers and construction agencies are encouraging people to purchase plots from the lands within the limits of Gram Panchaayt, though lay outs were neither applied for nor approved. Even if what is pleaded by the petitioner is true, there is hardly anything which respondents 4 and 5 can do. Section 22-A of the Act in the present form prohibits registration of documents in relation to the properties mentioned in Clauses (a) to (e) of Sub-Section (1) thereof. The mere fact that the lands are within the limits of Gram Pahcayat and that they are being sold in parts, does not bring them within the purview of Section 22-A of the Act. As long as an individual owns the lands, his right to sell the property cannot be scuttled. It is only in respect of use of the land that restrictions exist. Mere transfer of the property does not make restrictions, such as requirement to obtain permission to construct building or to obtain a lay out, inapplicable.

One of the prayers made by the petitioner is to direct respondents to issue notification, obviously, under Sub-Section (2) of Section 22-A of the Act. It is only in respect of the properties covered under Clause (e) of Sub-Section (1) of Section 22-A of the Act that notification under Sub-Section (2) can be issued. The condition precedent for issuance of such notification is that the State or Central Governments or its instrumentalities, such as the local bodies, should possess the existing or accrued interest in such lands. For instance, if a Government or Panchayat School is being run, for a fairly long time, in a private building and transfer of such property by the owner thereof is likely to result in hardship to the public, notification can be issued prohibiting transfer of such property. Same thing can be said about Defence and other establishments, that are being run on private lands. The fa