ORDER

This writ petition has been filed challenging the order passed by the Sub-Registrar/4th respondent refusing to register the sale deed relying upon a communication sent by the District Collector, dated

09.07.2010.

2. The brief facts leading to file the writ petition is as follows:-

The petitioner is the owner of the property in survey Nos.S.f.No.297/1, 297/2, 297/3, 297/4, 297/5, 297/6, 298/1A, 298/1B, 314/1A, 314/1B, 314/1C situated at Paruvai Village, Palladam Taluk, Sulur SRO, ii)S.F.No.313/1A, 313/2A situated in Paruvai Village, Palladam Taluk, Sulur, and iii) S.F.No.20/2 at Appanaickenpatti Village, Palladam Taluk, Sulur. Since the said area comes near the Air Force Station at Sulur, the petitioner sought for a clarification from the Sub-Registrar/4th respondent as to whether the property can be subject for any alienation. On the request of the petitioner, the impugned information has been issued by the Sub-Registrar stating that the survey numbers owned by the petitioner comes under the Air Force Zone and the District Collector, Coimbatore, in and by his proceedings in Na.Ka.13302/2010/E3, dated 09.07.2010 intimated that sale deeds should not be registered.

3. The learned counsel for the petitioner would submit that even though, the properties comes under the Air Force Zone, absolutely, there is no prohibition for transferring property and the restriction is only in respect of putting up any construction without getting permission from the Air Force Authorities. The District Collector has communicated the letter dated 09.07.2010, only based on a letter issued by the 2nd respondent Chief Administrative Officer, Air Force, Sulur, dated 20.04.2010, which is also not prohibiting any alienation of the property in that area.

4. The respondents 1 and 2 filed a counter affidavit, wherein, they have stated that any land falls under the restricted Zone near the Air Force Station, nobody should construct any building or structure or plant tree within 100 meters. The statutory rules issued by the Ministry of Defence, vide its Gazette notification dated 14.02.2007 reads as follows:-

"(a) No building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 100 meters from the crest of the outer parapet of Indian Air Force Stations and Installations as given in the Annexure 'A' to this notification.

(b) No building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 900 meters from the crest of the outer parapet of Indian Air Force Stations and Installations as given in the Annexure 'B'to this notification.

(c) No building or structure shall be constructed, created or erected or no tree shall be planted on any land within the limits of 100 meters from the crest of the outer parapet except that the limit of 100 meters will extend to 900 meters from and in line with the boundary of the bomb dump at Indian Air Force Stations and Installations as given in the Annexure 'C' to this notification.

d. The restrictions imposed by the Government of India in the Ministry of Civil Aviation under Section 9A of the Aircraft Act, 1934 (22 of 1934). Vide its notification Number S.O.988, dated the 5th January, 1988 shall continue to be applicable to the Indian Air Force Aerodromes.

3. For the purpose of this notification, the Air Officer commanding or commanding officer of the concerned Indian Air Force Stations or installations, as the case may be, shall provide all the relevant details including land holdings to the collector for inclusion int eh public notice to be given by him under sub-section (2) of Section 3 of the works of defence Act

1903 (7 of 1903) "

The owner of the property has right to sell his property to any one and the above said notification has not restricted the owner of the land from selling the property. As per the above notification no building or structure shall be constructed or erected or no tree shall be planted