• Regarding assigned lands

Hi Sir/Madam,
                        I  bought a 600 sq yards plot in 2004. My other friends bought 6 blocks of 600 sq yards each as well at the same time. The plots were registered multiple times before I bought them . The plot is situated near vijayawada ( Andhra Pradesh , new capital region). I paid the regularisation once and when I went to pay second time they said they are not accepting any payments at that time. What are the options available for me? How can government get the plot registered multiple times if it's assigned land? I am worried .plz advice me what I have to do? Awaiting your reply. Thanks in advance.

Regards,
Ashok
Asked 1 year ago in Civil Law from Australia
1) In the absence of any official notification specifying certain land as that of government or as inalienable by virtue of it being assigned to poorer sections, the sub registrars cannot decline to register such property if people approach them. They cannot insist on production of NOC (no objection certificate) anymore.

2) Disposing scores of petitions that were filed complaining about the non registration of land properties by authorities, Justice C V Nagarjuna Reddy of the AP High Court specified several dos and don'ts for the sub registrars in the state. According to these directives, the registering officers shall not insist on production of NOCs as a pre condition for registration of land.

3) Further, the judgment said the registering officers shall not refuse to receive the documents for registration only on the ground that the properties were included in the prohibitory list sent by the revenue authorities, for reasons such as that the ownership column of the title deed contains dots, or that the land is government waste land in the revenue records or that the land is assigned.

4) In cases of entries containing dots or describing the land as belonging to the government, unless a notification is issued under Section 22-A(2) of the Registration Act, officials shall not refuse to receive and register the documents, Justice Nagarjuna Reddy said. The registration of such documents, however, shall be without prejudice to the right of the government and its functionaries to initiate appropriate proceedings for recovery of possession of the properties covered by such documents, if in their opinion they belong to the government.

5) As far as assigned land is concerned, if there is a clear proof to the effect that such assignments were made prior to the issuance of GO 1142, dated 18-6-1954 in the Andhra area and GO 1406 dated 25-7-1958 in the Telangana area, the registering officials shall receive and register the documents, notwithstanding the fact that the properties were included in the prohibitory lists sent by the revenue authorities. In respect of the documents involving properties assigned subsequent to the issuance of the above mentioned G.Os., in view of the embargo contained in Section 5(2) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, the registering officers shall make an endorsement while refusing to receive the document specifying the reason. If the parties feel aggrieved by such orders, they are entitled to avail appropriate remedy as available in law, the judge said.
Ajay Sethi
Advocate, Mumbai
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What is the deviation which you wanted to regularize? Regularization cannot be claimed as a matter of right. It is in the nature of a privilege conferred by the competent authority in the exercise of its discretion. As such, it can be done only within the policy parameters laid down by the govt. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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Hi
If it is a matter of technical issue it can be corrected. You will have to approach the authorities. 
If the regularisation  charges are paid submit that. 
There is no need to pay regularisation charges more than once for same property. Find out what is th objection. Get the status of it from office of the revenue officer/ tahasildar/ collector office. 
In case the authorities concerned fail to act, you have to approach court for an order. But before that make sure that you have done all technical steps required as per the provisions 
 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. Your query is not clear. From whom did you buy the plot? 

2. Did you pay stamp duty & registration fee while registration of the aid plot?

3. What do you mean by  'I paid the regularisation once'? 

4. Did you pay the tax for the property you bought?

5. However, the Registrar should have pointed out that the plot is on assigned land when you registered it in your name,

6. Have you been informed by any department that it is an assigned land?

7. You and all other victims/sufferers like you can file a Writ Petition before the High Court against the Govt. including the Registrar praying for  direction upon them to release the assignment since they have already registered the said plot after collecting fees from you.
 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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You have stated that the plots were registered multiple times before you bought it,what do you mean by this, you mean to say that many people have bought and sold the same property earlier and have registered the said transactions?
Also since you have already paid regularisation charges once, what was the need for paying  it again, what do you mean by this, are you  referring to  the payment of land/property tax?
You have not stated the reasons that why they are not accepting any payment  and  who are they?
What do  you mean by assigned land?, Why should government register the same plot  multiple times and to whom?
You can add clarity to your question on the  above lines so that proper opinion can be rendered or else you will get only misguiding advises  and opinions. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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