ORDER :

1. Since common issues are involved in all these matters, they are being disposed of by this common order with the consent of both sides at the stage of admission itself.

2. These writ petitions have been filed to declare action of various Sub Registrars in the State in refusing to receive, process, register and release the sale deeds, gift deeds etc., presented by the petitioners, on the grounds of the Memo bearing Nos.G2/257/2019 dated 26.08.2020 and dated 29.12.2020 issued by the Commissioner and Inspector General of Registration and Stamps, Telangana (hereinafter referred to as ‘C&IG’), and the Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the Commissioner, Municipal Corporation, Nizampet to the Sub Registrar, Quthbullapur, Ranga Reddy District, as being illegal, arbitrary and unconstitutional.

3. The Memo No.G2/257/2019 dated 26.08.2020 issued by the C&IG reads as under:

“It is the objective of the state government to ensure planned development in the state. Various statutes and rules have been made with safeguards to see that the above objective is achieved. The Telangana Municipalities Act, 2019 and the Telangana Panchayat Raj Act, 2018 provide for safeguards against registration of unapproved plot, sub-divisions, buildings and structures, etc.

2. The relevant provisions of the above mentioned acts and other relevant rules are as follows:

i. Section 172(16) of the Telangana Municipalities Act, 2019 which stipulates that “No new plots or sub-division shall be registered by Registration Authority unless it is approved by the authority as per the provisions of the Act”.

ii. Section 178(3) of the Telangana Municipalities Act, 2019 which stipulates that “The Registration Authority shall not register any building or structure or part of the building without the production of sanctioned plan approved by the Municipality”.

iii. Section 113 (8) of the Telangana Panchayat Raj Act, 2018 which mandates that “No pieces of land for building purpose shall be sold by any owner or developer which is not a part of an approval layout: Provided that it shall not be applicable to plots of land in Grama Kantam having an existing building”.

iv. Under Rule 13(C) of Telangana Regularisation of Unapproved Illegal Layout Rules, 2015 (G.O.Ms.No.151, MAUD Department, dated 02.11.2015) (Failure to come forward for Regularisation of unapproved layouts/plots) it has been specified that “Such unapproved layouts shall be recorded in the prohibitory properties of the Registration Department and no sale/disposal or transactions shall be allowed in such sites.”

v. Rule 26(h) of Common Building Rules [G.O.Ms.No.168, MAUD Department dated 07.04.2012] stipulates that “The Registration authority shall register only the permitted built up area as per the sanctioned plan and only upon producing and filing a copy of such sanctioned building plan. On the registration document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors.”

3. In order to enforce the above statutory and rule positions, the following instructions are issued in respect of registration of open plots or structures in any Panchayat, Municipality or Municipal Corporation including GHMC:

i. Plot in approved/authroised layouts only shall be registered. Only the plots in layouts approved as per law by the competent authority and plots which are regularised under LRS (Layout regulatisation Scheme) schemes issued by the Government from time to time can be registered. Plots in unauthorised layouts shall not be registered even though the same plot was registered earlier.

ii. Authorised Structures only shall be registered. Hosues, buildings, apartments (flats) or any structures shall be registered only if they have the approval/permission from the competent authority and on the registered document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan