A single judge Bench comprising of Justice Biswanath Rath allowed a Writ petition under Article 226 & 227 for setting aside the order of non-registration of lease deed. The order of non- registration was passed after taking into consideration the report of the Task Force constituted by Orissa Govt. dealing with third party transfer before execution of lease deed.
Facts:
A piece of land was handed over by the development authority to the first allotee and there is a grant of permission to transfer the land from the original allotee to the petitioner. A transfer in favour of the petitioner followed. The original transfer between the development Authority and the original allotee was not registered. The petitioner approached the development authority for registration of the lease deed in favor of the petitioner. The registration was rejected on the premises of impediment in view of observation in the Task Force Report of a Task force constituted by Govt. of Orissa dealing with third party transfer before execution of lease deed and observing execution of the lease deed in favor of the third party as irregular. The question before the court was whether the report of Task force applies to the case at hand and whether it should been considered while rejecting the application of the petitioner.
The scope of the Task Force covered the period from 01.01.1995 to 31.07.2014 in Bhubaneswar and Cuttack urban areas in respect of (a) all cases of allotment of land/house/flat out of discretionary quota and (b) allotment of more than one unit of land/house/flat to members of the same family.
Observations of the court:
The court found that the case at hand neither involved allotment in discretionary quota nor involves multiple allotment, so the case was not in purview of the reference. The court has clarified that recommendations of the Task Force, shall be only in reference to discretionary allotment and further multiple allotment, if any, and in no case it shall include allotments outside above two disciplines. Observation, if any, since beyond the discretionary quota and/or multiple allotment are all beyond jurisdiction of the Task Force and have nothing to play in the area as it is already beyond the reference.
The first hand transfer to the original allotee doesn’t require registration as there is a further transfer of the property to the petitioner, thus there is requirement of direct registration with the present Petitioner. However, registration fee and stamp duty for both the registrations cannot be avoided.
Decision:
The court ordered the registration of the lease deed subject to the payment of the registration fee and stamp duty for both the registration deeds as per the Bench mark value applicable on the date of application of the Petitioner to the Development Authority for registration
Citation: W.P.(C) No.12489 of 2022
Case: Dr. Shashwati Mohapatra Vs State of Odisha & Anr.
Coram: Justice Biswanath Rath
Decided On: 12th October 2022
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