SIDDHARTH GOEL Vs. SUB–REGISTRAR CLASS II

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The matter is taken up for final disposal with the consent of parties.

(2.) Both these Writ Petitions challenge the order passed by the District Registrar and Additional Collector of Stamps, Pune, passed in exercise of powers under Sec. 72 of the Registration Act, 1908, refusing to register the sale deed vide orders dtd. 21/12/2021 and 24/3/2021, in Appeal Nos. 188 of 2021 and 63 of 2021, respectively. The subject matter of the Writ Petition is plot Nos. 21 and 22 situated at village Talavade, Taluka Haveli, District -Pune. The Registration Authority has refused to register the sale deed executed in respect of these two residential plots on the ground that the land allegedly constitutes a fragment, thus affected by the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

(3.) The other objection is that the land is situated in a Red Zone, hence requires permission of the competent authority. The impugned order also raises an objection that, the sale deed is of the plot of land from the private layout, for which the Non-Agricultural permission is not obtained. Since both these Writ Petitions raise identical issues, they are heard and decided together.