Prior approval of plots for sale mandatory before registration of sale deeds

By:Mohan Lal Verma

In order to ensure planned and regulated development in all planning areas, the state government is strictly enforcing the Town and Country Planning Act and its rules besides keeping close vigil on real estate developers who manage to develop unauthorized colonies without getting a proper license.

A Spokesperson of the Town and Country Planning today said here that the department had started a mass awareness campaign with active support of Divisional and Deputy Commissioners of the State. To ensure the implementation of TCP Act/ Rules in letter & spirit, coordinated efforts were being made by TCP department and active support of other departments like Irrigation & Public Health, State Electricity Board, Urban Local Bodies and Revenue Department that were required.

He said prior approval of plots or land for sale was mandatory before registration of sale deeds since 1980. The provision was made for the welfare of the buyers as in most of the cases they have to face various difficulties in house construction.

He said State Government had not invoked any ban on transfer of undivided land by way of issuing any executive directions. There was no ban on the registration of sale deeds provided land to be sold involves no further sub-division. In case any sub-division was involved, only pre-requisite before registering a sale deed was to get the sub-division plan approved from TCP department.

Further, sub-division of hereditary land in Hindu undivided family (HUF) could take place without any formal approval of the department. All these provisions had been contained in the Himachal Pradesh Town and Country Planning Act, 1977, after getting an assent of President of India, since 1980, which shows the foresightedness towards organized planning in the State.

He also said this provision was akin to restriction as was imposed by Section-118 of H.P. Tenancy and Land Reforms Act, as in both the cases restriction on sale of land had been imposed by getting assent President of India.

The Spokesperson said sales of un-partitioned land has resulted hardships to the buyers, as in several cases land had been sold without proper provision of any access. There were numerous litigations over the possession of land by the new buyers.

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