Official guidance, Tamil Nadu land law
Circular No. 3757/C1/2019, Registration of Documents on Water Bodies
The Tamil Nadu Registration Department, through the Inspector General of Registration, issued Circular No. 3757/C1/2019 dated 1 February 2019, directing registration officers not to register documents relating to land classified as a water body. Sub-Registrars must verify revenue and local authority records, refuse affected documents and seek removal of any guideline value wrongly assigned to such land.
What the circular governs
Circular No. 3757/C1/2019 dated 1 February 2019 was issued by the Tamil Nadu Registration Department following an order of the Madurai Bench of the Madras High Court concerning the removal of encroachments from land classified as water bodies. It instructs registration officers that no document concerning such land should be registered.
The circular also refers to earlier instructions covering government land, land owned by the Hindu Religious and Charitable Endowments Department, Waqf land and Bhoodan land. Those instructions required scrutiny of revenue records and approval from the competent authority where applicable under section 22A of the Registration Act.
Duties of Sub-Registrars
Circular No. 3757/C1/2019 requires Sub-Registrars to:
- Obtain details of land classified as water bodies in every revenue village within their jurisdiction from the Revenue Department and local authorities.
- Keep those details in the registration office.
- compare the details with the Revenue Department A Register.
- Check whether the guideline value for the relevant survey numbers is recorded as zero.
- Refuse registration of every document presented in relation to land classified as a water body.
If the guideline register contains a survey number value or street value for water-body land, the Sub-Registrar must obtain reports from the Revenue Department and local authorities. The Sub-Registrar must then send a proposal, with supporting records and comments, through the District Registrar to the Inspector General of Registration for removal of that value.
Documents, patta and approval
Circular No. 3757/C1/2019 states that water-body land is government land. If a document is presented with earlier registered documents but without Revenue Department evidence, particularly a patta, registration must not take place.
Where a patta and earlier documents are produced, the registration officer must also consider the guideline value. Whether the value is zero or another value is shown, a document presented without the approval required from the competent authority under section 22A of the Registration Act must be refused.
Who is affected
Circular No. 3757/C1/2019 affects anyone seeking to buy, sell, transfer or otherwise register a document concerning land recorded as a water body. It also affects registration officers, who may face disciplinary action if they wrongly register a document in breach of the High Court direction.
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Common questions
Can I register a sale deed for land classified as a water body?
No. Circular No. 3757/C1/2019 directs Sub-Registrars to refuse documents concerning land classified as a water body.
Is a patta enough to register a document for water-body land?
No. The circular requires Revenue Department evidence, particularly a patta, but also directs refusal where the required approval from the competent authority under section 22A of the Registration Act is not produced.
What happens if guideline value is shown for water-body land?
The Sub-Registrar must obtain reports from the Revenue Department and local authorities and send a supported proposal through the District Registrar to the Inspector General of Registration for removal of the value.
How will a Sub-Registrar check whether land is a water body?
The Sub-Registrar must obtain classification details from the Revenue Department and local authorities and compare them with the Revenue Department A Register.
