Circular No. 3757/C1/2019, dated 1 February 2019
The Tamil Nadu Registration Department, through the Inspector General of Registration, issued Circular No. 3757/C1/2019 dated 1 February 2019, directing registration officers to refuse every document relating to land classified as a waterbody. The circular also requires verification of revenue and local body records, removal of any guideline value wrongly assigned to waterbody land, and disciplinary action against officers who register documents in violation of the direction.
What the circular governs
Circular No. 3757/C1/2019 dated 1 February 2019 applies to documents presented for registration concerning land classified as a waterbody. It follows an order of the Madurai Bench of the Madras High Court in W.P.(MD) No. 22163 of 2018, dated 28 January 2018, concerning removal of encroachments from waterbody land.
The Tamil Nadu Registration Department treats land classified as a waterbody as government land. Registration officers must therefore refuse documents relating to such land unless the required sanction from the competent authority is produced as provided under Section 22A of the Registration Act.
Verification required from registration officers
Sub Registrars must obtain details of land classified as waterbodies within the revenue villages under their jurisdiction from the Revenue Department and local bodies. They must maintain these details in their offices.
Registration officers are instructed to:
- Compare the Revenue Department's A Register with the separately obtained report on waterbody land.
- Confirm whether the guideline value for the relevant survey number is recorded as zero.
- Obtain reports from the Revenue Department and local body if a survey number value or street value exists for waterbody land.
- Send a proposal, with supporting records, through the District Registrar to the Inspector General of Registration to remove any such value.
- Refuse every type of document presented for registration concerning land classified as a waterbody.
Effect on owners and buyers
A previous registered document does not by itself permit a further registration involving waterbody land. If a document is presented with earlier registered documents but without Revenue Department evidence, particularly a patta, the registration must not proceed.
Even where earlier documents and a patta are produced, the required approval from the competent authority must also be produced. In the absence of the relevant authority, the required approval must come from an authority designated by the State Government for that purpose. Without that approval, the registration officer must refuse registration.
Consequences for registration officers
Circular No. 3757/C1/2019 warns that registration officers may face disciplinary action if they wrongly register a document concerning waterbody land in violation of the Madras High Court direction.
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Common questions
Can I register land classified as a waterbody if I have an old registered deed?
No. An earlier registered document does not remove the prohibition, and the registration officer must refuse a document concerning land classified as a waterbody unless the required competent authority approval is produced.
Is a patta enough to register waterbody land?
No. The circular requires Revenue Department evidence, including the patta, where earlier documents are relied on, but it also requires the relevant approval from the competent authority.
What if the guideline register shows a value for waterbody land?
The Sub Registrar must obtain reports from the Revenue Department and local body and send a proposal through the District Registrar to the Inspector General of Registration to remove that value.
What happens if a registration officer registers a document for waterbody land?
The registration officer may face disciplinary action for registering the document in violation of the Madras High Court direction.
