Registration denial under Section 22-A requires an intention to sell as house sites; absence of layout approval allows the property to remain agricultural.

ORDER

By consent of both parties, this writ petition is taken up for final disposal.

2. Challenging the refusal slip issued in refusing to register the sale deed dated 01.07.2021, the present writ petition is filed.

3. It is the case of the writ petitioner that originally an extent of 4.97 acres owned by the S.Chandran and E.Dhanalakshmi, out of which 37 cents have already been sold. Though original sale was intended to form a layout, however, the layout has not been confirmed since no permission was obtained. The property remained as an agricultural land. Further, the petitioners have intended to sell the remaining extent of 2.23 acres, when the document was presented, the same was refused to be registered on the ground that since some of the properties have been dealt as a layout, the approval of the layout of the entire properties has to be produced. Challenging, the same the present writ petition has been filed.

4. In the counter, it is the stand of the respondent that the lands in S.Nos.121/3, 121/4, 121/5, 121/6, 121/7 and 121/8 of Katheri Village were plotted out and sold as plots, under the name and style of MGR Nagar & Annai Nagar. The guide line value for the above said S.Nos. was Rs.15/- during 2010 and at present is Rs.40/- as per valuation index maintained in the Sub- Registrar. Now the said property conveyed was described as agricultural land, but the lands intended to be conveyed formed part of larger extent of land, which was already plotted out and sold as unapproved plots. Once the agricultural land is converted into plots, the classification changes from the agricultural lands to the house sites and as a consequence, the purchasers have to pay the stamp duty and registration charges for the guide line applicable for house sites. The previous document originally was not accepted, proceedings under Section 47-A was initiated. Hence, according to him, since, the property is already plotted out, the document has to be registered on payment of the requisite stamp duty and registration charge.

5. Mr.N.Manoharan, learned counsel for the petitioners would submit that few plots were originally formed and sold which are unauthorised, since no approval has been obtained. The remaining larger extent is agricultural lands and now the same was sold by the petitioners as the agricultural lands. Therefore, merely some portion in the same survey number registered as house sites earlier, the same cannot be a reason to refuse registration.

6. Mr.B.Vijay, the learned Additional Government Pleader submitted that since survey number already plotted as a layout which has unapproved, the registration is barred under Section 22-A of the Registration Act. Hence, submitted the refusal is proper.

7. Heard both sides and perused the entire materials placed on record.

8. No doubt, few sites have already been sold as house sites in the survey number. Such sale took place in the year 2011, thereafter, it appears that there is no permission whatsoever obtained to convert the entire land as a layout. When the layout has not been formed, merely, some plots have been sold in the survey number as layout without there being a proper approval from the competent authority, it cannot be said that the entire survey number still remains as a layout. When the forming of layout is aborted and the land remained as an agricultural land, as long as the property is not sold after forming a layout or house site, this Court is of the view that the rigour of Section 22-A of the Registration Act cannot be applied mechanically. The object of Section 22-A is to prevent unauthorised conversion of the agricultural land into layout.

9. Such view of the matter, when the land has not been intended as layouts and sold as agricultural land, refusing to register such document in the view of this Court is not according to law. Section 22-A of the Registration Act cannot be applied mechanically, only in the event the land is intended to be sold as house site and unapprov