Official guidance, Tamil Nadu land law
Circular Na.Ka.No. 35083/C1/2021, Prevention of Registration on Water Bodies, 2021
The Head of the Tamil Nadu Registration Department issued Circular Na.Ka.No. 35083/C1/2021, dated 23 November 2021, directing registration officers not to register any document relating to land classified as a water body, water channel, catchment area or connected government poramboke land. The circular also requires these lands to be entered with a zero value in the guideline register and makes registration officials responsible for violations.
What the circular governs
Circular Na.Ka.No. 35083/C1/2021 applies across Tamil Nadu to properties classified as water bodies, internal or external water channels, catchment areas and government poramboke lands connected with them. Registration officers are instructed not to register any document concerning these lands for any reason.
The direction followed a meeting held on 2 November 2021 under the chairmanship of the Chief Secretary of the Government of Tamil Nadu. The meeting considered measures required across government departments to prevent encroachments on water bodies, water channels and catchment areas throughout the state.
Background
The Madras High Court issued an order dated 8 September 2021 in W.P.No.10666/2021, a public interest case filed by Arappor Iyakkam. The case concerned alleged encroachments and buildings in Chitlapakkam Lake, Selaiyur Lake, their internal water routes and surplus water discharge routes in Chengalpattu district.
The petition described flooding around the lakes during rainy seasons, resulting loss of life and money, and reduced groundwater levels during summer. The court directed immediate removal of encroachments in the lakes and submission of a report on the action taken.
Duties of registration officials
The Tamil Nadu Registration Department gives the following instructions:
- No document may be registered for a water body, water channel, catchment area or connected government poramboke land.
- Relevant properties are to be identified through the Tamil Nilam software.
- For non-computerised natham lands, details of water bodies, water channels and catchment areas are to be obtained by contacting Revenue Department officials.
- A zero value must be entered for these lands in the guideline register.
- District Registrars and Deputy Heads of the Registration Department must ensure that registration officers within their areas comply.
- Acknowledgements of receipt must be collected and maintained through the stated registration hierarchy.
Effect on property transactions
A buyer, owner or document presenter may be unable to register a transaction if the property is classified in the relevant records as a water body, water channel, catchment area or connected government poramboke land. Registration officers, District Registrars and Deputy Heads of the Registration Department may be held responsible if a prohibited document is registered. The circular states that violations may lead to disciplinary action under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973, and possible contempt of court proceedings.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a sale deed be registered if the land is classified as a water body?
No. Circular Na.Ka.No. 35083/C1/2021 directs registration officers not to register any document relating to land classified as a water body.
Does the restriction also cover water channels and catchment areas?
Yes. The restriction covers water channels, including internal and external routes, catchment areas and connected government poramboke lands.
How are affected properties identified?
The circular directs officials to identify relevant properties through the Tamil Nilam software. For non-computerised natham lands, officials must contact the Revenue Department for details.
What value will appear in the guideline register for these lands?
The circular requires a zero value to be entered in the guideline register for the covered lands.
