Legal Question in Real Estate Law in India

Atleast in five states of India, there exist Registration Rules made under sec.69 of the Regn.Act, 1908, which have effect as if enacted in the Act. Such rules have prescribed that a file book shall be maintained in every registration office and therein shall be filed a �return of lands acquired under the LA Act. Such rules have also prescribed for the manner in which entries regarding such �return� shall be made in the registers and indexes. In such case, if the concerned officer of the govt. fails to file such returns and the SRO fails to make such entries even after 22 years after notification(10 years after taking (paper/symbolic) possession of the land), will it not constitute statutory negligence on the part of the concerned officials? Can such negligence be sought as a ground for voiding the relevant land acquisition?


Asked on 11/01/12, 7:48 am

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

I feel that this can not be the ground for quashing the land acquisition. For the inaction of the officer to comply with the Registration Rules, either action under said Rules (if the Rules so provide) can be taken or action under departmental rules can be taken against him but his said inaction will not invalidate the acquisition.

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Answered on 11/03/12, 4:09 am


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