The Madras High Court on Thursday clarified that the plots in unapproved layouts already registered as house sites before October 21, 2016 (except those registered in the intervening period when a ban imposed by the court was in place) may be allowed for further sale and registration.
The First Bench of Chief Justice Indira Banerjee and Justice M. Sundar made the clarification on an application moved on behalf of the State government. The State had sought clarification on the court’s interim order dated May 12.
The operative portion of the May 12 interim order said, “Considering that there is a statutory provision which has now come into force and Rules have also been framed by the State government for regularisation of unauthorised plots, we deem it appropriate to direct that plots may be registered strictly in accordance with section 22-A of the Registration Act, read with the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 and the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017.”
In the same order, the court had said that registration of plots in unapproved layouts as house sites made after September 9, 2016 until March 28, 2017 and between April 21 to May 12 (period of interim ban on registration), if any, was in violation of an order of the court and prima facie a nullity in the eye of law. Plots in unapproved layouts registered as house sites while the interim orders were in force shall not be registered until further orders, it added.