SNA INFRAPROJECTS PRIVATE LIMITED Vs. SUB REGISTRAR

JUDGEMENT

(1.) RULE, of which service is waived by learned A.G.P. on behalf of the respondents. Taking into consideration record of the main matter, being SCA No.890 of 2011, all the petitions are heard for final disposal, by consent, and are disposed by this common judgment alongwith the civil applications made therein.

(2.) The petitioner is a company which has purchased all the premises of Mevawala Flats situated at Pritamnagar in the Ellisbridge area of Ahmedabad. That building, named and known as "Mevawala Flats", is built on final plot No.852 admeasuring total 2144 sq. mtrs. of land and comprises of total 29 flats. The petitioner has initially purchased 19 flats during the period between April 2010 to June 2010. Thereafter, remaining 10 flats have also been purchased and sale deeds of those 10 flats have been lodged with Sub -Registrar for registration during the period from 29.7.2010 to 25.11.2010. As nothing was heard from the office of Sub -Registrar, the petitioner had, by letter dated 18.12.2010, requested the Sub - Registrar to complete the formalities of registration and return the documents of sale deeds. Pursuant to that letter, the impugned communication dated 11.01.2011 has been sent by the Sub - Registrar, stating that, according to the opinion of Senior Police Inspector, Ellisbridge Police Station, Mevawala Flats standing on final plot No.852 in Town Planning Scheme No.3/6 is included in the disturbed areas and hence, further processing for registration of the documents would be done after prior permission under the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 ("the Act", for short) is obtained and submitted. Being aggrieved by that, the petitioner has approached this Court under Article 226 of the Constitution with the prayer to set aside that order and direct the Sub -Registrar to release the aforesaid sale deeds, holding and declaring that Mevawala Flats are not falling within the zone declared to be disturbed area under the Act.

(3.) The petitioner has relied upon letter dated 27.7.2010 of the Sub -Registrar, addressed to the City Deputy Collector, clearly stating that Mevawala Flats were not included in the areas declared to be disturbed areas. As stated on oath in the petition, various flats and properties near and around Mevawala Flats have been sold in the years 2006, 2008 and 2010 without permission of the Collector under the Act.