HANSRAJ TAPUBHAI Vs. G P MEHTA

JUDGEMENT

(1.) The petitioner sold land and building in urban agglomeration of Rajkot and presented a sale deed for registration on January 15 1980 and was pending for registration. On June 8 1981 the petitioner was informed by the registering authority that in pursuance of the judgment of the Supreme Court the Central Government and the State Government had issued certain directions requiring a person having no excess land while transferring the property to fill in certain form of declaration and the petitioner was called upon to give such declaration and the petitioner was called upon to give such declaration. The petitioner gave a reply dated July 4 1981 that section 27(1) has been struck down by the Supreme Court and therefore no permission under section 27(1) was required to be taken and no further evidence was required to be given and the document was required to be registered. As the document is not registered the petitioner has filed this petition for a prayer that the circulars at annexures D and E dated February 5 1981 of the State Government and January 12 1981 of the Central Government be declared null and void and the registering authority be directed to register the sale deed.

(2.) The diretion of the Central Government shows that it has taken into consideration the Supreme Court judgment in the case of Bhimsinh vs. Union of India AIR 1981 SC 234 wherein the Supreme Court had held the entire Act to be valid except section 27(1) in so far as it imposes a restriction on transfer of any urban land with a building or a portion of land with such building which is within the ceiling area. Therefore the provision requiring permission before transfer was struck down and it is therefore submitted that the permission under section 27(1) is not necessary and therefore the application form prescribed for such permission under section 27(2) has also become void inapplicable and redundant. Section 28(b) also would not apply which enables the registering authority not to register the document unless the permission for such transfer under section 27 is produced. It is therefore submitted that the requirement of filling in the form now is unnecessary and contrary to the provisions of the Act.

(3.) The Central Government Circular does not require a person to fill in the form which was required to be filled in under section 27 for seeking permission. The form which is now required to be filled in is in the nature of a declaration giving full particulars that no land is held in excess of the ceilng limit. In case of any doubt the correctness of the declaration could be verified by reference to the competent authority before whom statements of excess land are filed under section 5 of the Act. It is further directed that the competent authority on receiving such reference from the Registrar shall send the information within a week or ten day. The Central Government Circular expressly provides that the procedure prescribed under section 27(1) need not be followed.