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Showing contexts for: unapproved plot in Balamurugan vs The District Registrar on 11 August, 2023Matching Fragments
3. The petitioner presented the Sale Deed executed on 29.09.2022 for registration. The second respondent returned the document along with the impugned Refusal Check Slip on the ground that the petitioner has to get approval from the Planning Authority in view of Section 22-A of the Registration Act, 1908.
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4. The learned counsel for the petitioner mainly contended that the Government issued G.O.Ms.No.78, Housing and Urban Development Department, dated 04.05.2017, regarding regularisation of Unapproved Plots and Layouts Rules. As per the said Rules, 'Layout' means “(i) division of land into plots exceeding 8 (eight) in numbers in Chennai Metropolitan Planning Area; and (ii) division of land into plots by introducing a new road or street in areas other than Chennai Metropolitan Planning Area”.
9. G.O.Ms.No.78, dated 04.05.2017, was issued by the Housing and Urban Development Department regarding regularisation of Unapproved Plots and Layouts Rules under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972). Therefore, the said Government Order is inapplicable with reference to the registration to be made under the provisions of the Registration Act, 1908. The clarification issued by the Inspector General of Registration pertaining to a particular case, cannot be now relied upon by the petitioner, since the Government Order issued in G.O.Ms.No.78, dated 04.05.2017 is inapplicable.