Registering authority cannot refuse sale deed registration citing fragmentation, red zone, or lack of permissions under other laws; powers limited under Sections 34-35 to execution and identity verification; Rule 44(1)(i) read down as inconsistent.

JUDGMENT :

MANJUSHA DESHPANDE, J.

1. Rule. Rule made returnable forthwith. The matter is taken up for final disposal with the consent of parties.

2. Both these Writ Petitions challenge the order passed by the District Registrar and Additional Collector of Stamps, Pune, passed in exercise of powers under Section 72 of the Registration Act, 1908, refusing to register the sale deed vide orders dated 21.12.2021 and 24.03.2021, in Appeal Nos. 188 of 2021 and 63 of 2021, respectively. The subject matter of the Writ Petition is plot Nos. 21 and 22 situated at village Talavade, Taluka Haveli, District–Pune. The Registration Authority has refused to register the sale deed executed in respect of these two residential plots on the ground that the land allegedly constitutes a fragment, thus affected by the provisions of the MAHARASHTRA PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT , 1947.

3. The other objection is that the land is situated in a Red Zone, hence requires permission of the competent authority. The impugned order also raises an objection that, the sale deed is of the plot of land from the private layout, for which the Non-Agricultural permission is not obtained. Since both these Writ Petitions raise identical issues, they are heard and decided together.

4. The learned advocate appearing for the Petitioners submit that the Petitioners have executed a sale deed on 30.12.2020, for which they have paid full consideration. The lands in question fall in a residential zone as per the development plan of Pimpri Chinchwad Municipal Corporation, and covered by the Government Notifications dated 18.08.2009 and 02.03.2015. It is contended that there is no bar for execution of sale deed with respect to the subject lands, still the Respondent No.1–Sub Registrar Class II, Haveli No. 10, Pune, by order dated 20.05.2021, has refused registration of the sale deed on the ground that, the sale deed covers an area of land which is affected by the provisions of the MAHARASHTRA PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT , 1947. The registration is also refused on the ground that there is no NA permission of the land, for which the sale deed is executed, and the said land falls in Red Zone, due to which, there are restrictions on the construction to be carried out. Hence, the sale deed, without NOC from the respective Competent Authority, cannot be registered.

5. The order dated 20.05.2021 passed by the Sub–Registrar was further subjected to challenge in an Appeal under Section 72 of the Registration Act, 1908, before the Assistant Registrar and Additional Collector of Stamps, Pune, who has in turn confirmed the order passed by the Sub Registrar vide order dated 21.12.2021. In addition to upholding the grounds stated by the Sub Registrar, the Respondent No.2 Appellate Authority also took a view that Section 23 of the Registration Act, 1908, requires a document to be registered within four months from the date of execution, if there is a delay in approaching the Competent Authority for registration of the document, penalty is required to be paid.

6. The learned advocate for the Petitioner submits that none of the grounds assigned for refusing registration of the documents are maintainable in law. The property in question is situated at village Talawade, Taluka Haveli, District–Pune, which falls within the limits of the Pimpri–Chinchwad Municipal Corporation. Therefore, the provisions of the MAHARASHTRA PREVENTION OF FRAGMENTATION AND CON