Irregularities in land registry will not be spared in future as well: Dushyant Chautala4 min read
Chandigarh, March 15, 2022: Haryana Deputy Chief Minister, Dushyant Chautala said that those who commit irregularities in the matter of land registry will not be spared at any cost. Wherever the State Government suspected irregularities, it was investigated and strict action was taken against the accused. He gave a befitting reply to the Calling Attention Motion moved by some members of the House regarding ‘allegations of irregularities in the registry of lands’.
Dushyant Chautala said that the members of the opposition should appreciate the way the state government has taken action against the officers and employees who violate the rules in registering the land, instead of criticizing because such strict actions have never been taken before.
Giving detailed information, he said that under Section 17 and 18 of the Registration Act, 1908, the work of registration of documents related to the transfer of immovable property was carried out under Sections 21, 22, 23, 24, 28, 32, 33, 34 and 35, of the Registration Act, 1908. That is, before accepting any document for registration, it has to be ensured that the immovable property concerned comes under jurisdiction of the concerned authority. Within four months from the date of execution of the document is presented by the executor and the document is matched with the map/revenue record for proper identification of the immovable property. At the time of registration of immovable property documents, the provisions given in some other Central and State Acts have to be complied with by the registering officer.
The Deputy Chief Minister informed that before the year 2017, it is necessary to take the No Objection Certificate issued by the registering authority by the DTP for sale and lease of one hectare of vacant land in the notified area by the Town and Country Planning Department to prevent unauthorized colonies from developing under Section 7-A of the Urban Area Development and Regulation Act, 1975. He said that in the year 2017 the area was reduced from one hectare to 2 kanals of agricultural land i.e. agricultural land recorded as Nahari, Chahi, Barani or in any other word in the revenue records is included. After this, on September 14, 2020, by amending the said Act, two kanals of agricultural land has been replaced by one acre of vacant land.
Dushyant Chautala further informed that a preliminary inquiry was conducted on the basis of complaints received against the registration officers by the State Government in June, 2020 regarding the violation of Section 7-A of the Haryana Development and Regulation of Urban Area Act, 1975 and the said Act. Due to this, charge sheets have been issued against 3 Sub-Registrars and 5 Joint Sub-Registrars of District Gurugram under Rule-7 of Haryana Civil Services (Punishment and Appeal) Rules, 2016 (Group-C) and an FIR has been lodged against 1 sub-registrar and 5 joint sub-registrars under section 420 of IPC and section 10 of the above Act.
He further informed that inquiry report was sought from all the Divisional Commissioners of the state through a semi-official letter of in connection with the violation of Section 7-A of the Haryana Development and Urban Area Regulation Act, 1975 (Notification dated 3 April 2017 of the Town and Country Planning Department, Haryana), on August 13, 2020, by the Finance Commissioner and Additional Chief Secretary, Revenue Department. It was found that transfer and sale documents of land have been registered by many sub-registrars and joint sub-registrars without obtaining NOC from DTP under the Act. According to the notification of the Town and Country Planning Department dated April 3, 2017, it was mandatory to obtain a no-objection certificate from the sub-registrar and joint sub-registrar before the registration of sale and lease in the notified area.
The Deputy Chief Minister informed that the State Government has seriously considered the complaints regarding deficiencies in the existing system for registration of documents for transfer of land. For the purpose of registration of documents of transfer of immovable property, new Web-HALRIS has been linked with other departments like Urban Development Department, TCP Department, HSVP, Panchayat and Development Department and Housing Board so that section 7-A of the said Act is not violated.
He further informed that from April 3, 2017 to August 13, 2021, the investigation reports of the documents related to the registered Benami and Pattanami have been received from all the Divisional Commissioners of the State, according to which a total of 64,577 documents have been received in which violation of the said Act has been found (Gurugram Division-21,716, Karnal Division-9,774, and Ambala Division-2,864, Hisar division-1,016, Rohtak division-10,849 and Faridabad division-18,358). Out of these, 8,182 documents pertain to Karnal district and 14,873 documents pertain to Gurugram district, in which violation of section 7-A of the said Act has been found. A total of 133 sub-registrars and 97 joint sub-registrars did not comply with the provisions of section 7-A of the Haryana Development and Regulation of Urban Areas Act 1975 (notification dated 3-4-2017) at the time of registration. Before taking action under Rule-7 of Haryana Civil Services (Punishment and Appeal) 2016, clarifications have been sought within 15 days from the concerned officers. Apart from this, all the Deputy Commissioners of the state have been directed to initiate disciplinary proceedings under Rule-7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 (Group-C) after receiving clarifications in the case against 156 registration clerks. Apart from this, agricultural land was converted by the patwaris as non-cultivatable land during girdawari, which led to the registration of documents related to benamo and pattanammo in the notified area in contravention of section 7-A of the Haryana Development and Urban Areas Regulation 1975. All the Deputy Commissioners have been directed to take disciplinary action under Rule-7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 (Group-C) after receiving clarification in the matter against a total of 381 patwaris for the said violation.