Aurangabad, May 5:
Aurangabad division bench of Bombay High Court comprising Justice R D Dhanuka and Justice S G Mehere has cancelled the state government’s circular regarding fragmentation of land dated July 12, 2021 and the Maharashtra Registration Rule 1961 rule no. 44 (1) on Thursday. As a result, the way for the registration of the sale deed of lands pending in the state for the past 11 months has been cleared.
The state registration and stamp duty department had issued a circular dated July 12, 2021 that except NA-44 (Non-agriculture), the registry of houses, open space and plots were closed since the past 11 months. As a result, the land transactions on bond were on rise. Now, the division bench has cancelled the circular.
Land developers and petitions Govind Solapure, Prakash Gadgul and Krushna Pawar (residents of Karodi, Aurangabad) had gone to the joint sub-registrar office for the registry of the plots, row houses and others they sold to the customers. However, the registry was not done due to the circular and the rules.They were asked to bring no objection certificate from the district collector. Hence, they approached the division bench.
Adv Rameshwar Totle appeared on behalf of the petitioner and was assisted by Adv Rahul Totla, Adv Riya Jariwala, Adv Swapnil Lohiya, Rajat Malu, Ganesh Yadav and Anjali Dhoot.
Provisions under fragmentation rules
If the area of a survey number is 2 acres, then its fragments in one, two or three guntas cannot be purchased and it cannot be registered. The registry can be done only if the authorized layout of the land is done. If the area is small, then permission of the district collector is needed for the land transaction. If the land record department has a separate map of any land, the fragmentation rules will be applicable for the division of that land.