GO 84: HC reminds state to respond to PIL against tweaking land regularisation rules
The court had refused to accede to the request of the BRS government to accord three months to furnish all details pertaining to the PIL
By Newsmeter Network Published on 15 Sep 2023 2:52 AM GMT
Hyderabad: On Thursday, the Telangana High Court reminded the state to file a counter affidavit in response to the Public Interest Litigation (PIL) filed by the Bhagyanagar Citizens Welfare Association in Hyderabad.
The PIL sought a direction to set aside GO No 84, dated July 26, 2023, issued by the BRS government through which the state is going ahead with regularising the sale transactions executed and concluded only by way of unregistered documents with the attestation of the notary in respect of non-agricultural urban properties in Telangana State.
This action of the state has the drastic effect of overriding the statutory provisions including the Transfer of Property Act, the High Court Division Bench, comprising Chief Justice Alok Aradhe and Justice NV Shravan Kumar, was told.
Earlier, on August 30 the Chief Justice Court of Telangana High Court — while issuing notices to the chief secretary, principal secretary of revenue and municipal administration and urban development — had directed the state to file its response to the notices issued.
As no counter affidavit was filed on Thursday by the BRS government, the court expressed its concern stating that the state should file its response in a week as the decision of the state to go ahead with the regularisation of sale transactions executed by way of unregistered documents is against the rules mandated in the Transfer of Properties Act.
The court had refused to accede to the request of the BRS government to accord three months to furnish all details pertaining to the PIL. The court adjourned the case by a week.
The Transfer of Property Act, 1882, Registration Act,1908, and the Indian Stamp Act, 1999, state that a transfer of immovable property by way of sale can only be made by way of a sale deed or deed of conveyance, which is duly stamped and registered within a period of four plus four months, only from the date of execution. But GO No 84 allows regularising sale transactions executed by way of unregistered documents.
