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The Madras High Court has clarified that sub-registrars are legally empowered to deny registration of plots converted into house sites without prior approval from the concerned planning authority. The court's decision came in response to an appeal challenging a previous order that had directed registration despite the absence of such approval. The ruling establishes that if a land parcel has not been registered earlier as a house site, registration cannot proceed under that category unless the planning authority has explicitly approved the conversion.
The Madras High Court delivered a significant ruling reiterating that sub-registrars have the statutory authority to reject registration of documents pertaining to house-site plots if prior approval from the planning authority has not been secured. The decision arose from an appeal filed by the Inspector General of Registration and other authorities against a single-judge order that had directed the registration of a settlement deed for a property in Tamil Nadu. Advertisement
The dispute centred on a 3,508 sq ft plot that was sought to be registered as a house-site through a settlement deed executed in 2021. The sub-registrar had refused to register the document, citing non-compliance with Section 22 A(2) of the Registration Act, which mandates planning-authority approval for converting land into house sites. The earlier single-judge order had set aside the sub-registrar's refusal on the ground that several adjoining plots had already been registered as house sites.
On appeal, the division bench comprising Justices S. M. Subramaniam and Mohammed Shaffiq overturned the single-judge's decision, reaffirming that registration cannot proceed without the mandatory approval from the relevant planning authority. The Bench observed that the proviso to Section 22 A(2) clearly stipulates that only plots which have already been registered as house sites in the past can be registered again without requiring fresh approval. In the present case, the land had not been previously approved or registered as a house site, and therefore, the sub-registrar's refusal was held to be legally valid.
The Court further emphasised that sub-registrars act as gatekeepers of compliance in the land registration process and are expected to ensure that all statutory requirements, including planning-authority consent, are met before accepting registration documents. The ruling also drew attention to the broader regulatory framework, which seeks to prevent unplanned and unauthorised developments by insisting on formal approvals before land conversion.
This judgement has significant implications for landowners, developers, and buyers across Tamil Nadu. It reiterates that conversion of agricultural or unapproved land into house sites cannot be legitimised through registration alone and must follow due process under planning laws. Sub-registrars, therefore, are within their rights to reject such documents until all necessary permissions are produced. The ruling aims to curb the proliferation of unauthorised layouts and ensure orderly urban expansion in line with state planning norms.
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