Sunday, January 14, 2007

Land registrations remain in a limbo

Land registrations remain in a limbo
The Times of India

Bangalore: There is still no clarity on what properties can be registered and what cannot be. This follows lack of clear guidelines on what documents can be registered and what can’t be. Sub-registrars are fearing penalty. For over a month now, there haven’t been registrations following the issuance of an ordinance that prescribed punishment for officials involved in land encroachments. Since the law covers subregistrars, the revenue department had sought legal opinion from the law department. The department has referred the clarification to the cabinet for a final decision.
According to Stamps and Registration officials, there has been a slump in property registrations with the impact being more in Bangalore. On an average, only 30 per cent documents are being registered. As against 175 documents which are registered on an average daily, it is not even 40 these days.
Even revenue has dipped, by 80 percent from Rs 1.5 crore daily. “Until there is any clear communication from the government, we cannot risk registering properties as it would attract punishment as per the ordinance,” officials said. The deadlock has put citizens at the receiving end. When reasons are sought for rejecting the registration, violations are not clearly explained.
The ordinance has listed eight offences and punishment: imprisonment of 1-3 years and fine of Rs 5,000-Rs 10,000 against land encroachers and officials involved in the crime.
Accordingly, sub-registrars also come under the ambit: selling agricultural land for non-agricultural purposes without land conversion - 3 years jail and Rs 10,000 fine; creating bogus documents regarding conversion of agricultural land for non-agricultural use - one year imprisonment and Rs 5,000 fine; being a public servant entrusted with responsibility fails to report or initiate action against unlawful conversion of revenue lands for non-agricultural purpose - three years imprisonment and Rs 10,000 fine.
Legal opinion
According to the law department’s clarification, it does not see the role of sub-registrars coming under the ambit of the new law. Officials can go easy on old buildings and should not implement the rules with retrospective effect, it feels.
ON REGISTRATION ROLL
Properties in the BMP jurisdiction which have original khata. Properties in CMC and gramathana which have land conversion orders with forms 1 and 12. BDA-allotted properties; BDA approved properties with land conversion. KHB, KIADB and KSSIDC allotted properties.

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