Following the expiry of the six-week deadline to probe malpractices in the registration of sale deeds in Haryana, the revenue department has asked the divisional commissioners of Ambala, Karnal, Rohtak, Hisar, Gurugram and Faridabad to complete the probe and submit their reports by October 16.
The inquiry is being conducted into the violation of Section 7-A of Haryana Development and Regulation of Urban Areas (HDRUA) Act during registration of sale deeds from April 3, 2017 to December 31, 2019. The six-week deadline expired on September 24.
Additional chief secretary (ACS), revenue, Sanjeev Kaushal in separate communications to the six divisional commissioners and principal secretary, town and country planning, has asked for the inquiry to be completed by coming Friday.
The inquiry was to be conducted from April 3, 2017, the day an amendment in the Section 7-A was notified by the BJP government in the state, to water down the HDRUA provision.
The detection of widespread malpractices in execution of sale deeds had cast a shadow on the functioning of the revenue department headed by deputy chief minister, Dushyant Chautala. The state government had got criminal cases registered against six serving and one retired revenue official for executing registration of sale deeds of properties without obtaining no-objection certificates (NoC) in notified urban areas of Gurugram district.
Subsequently, it was decided that a statewide probe should be conducted for registrations done with effect from April 3, 2017. The town and country planning (TCP) department was also asked to conduct an inquiry into the role of its officials.
{{/usCountry}}Subsequently, it was decided that a statewide probe should be conducted for registrations done with effect from April 3, 2017. The town and country planning (TCP) department was also asked to conduct an inquiry into the role of its officials.
{{/usCountry}}The stipulations in Section 7-A of HDRUA Act pertained to grant of a NoC by TCP before registration of land in notified urban areas. The 2017 amendment of Section 7-A of HDRUA Act led to two modifications in the provision. First, it decreased the size of notified urban area land holding for which NoC is required from less than one hectare (2.5 acres) to less than two kanals. Also, the definition of land for which the NoC was required was changed from vacant land to agricultural land.
The 2017 amendment, officials said, worked to the advantage of real estate developers who were able to circumvent the requirement of NoC by converting agricultural land into uncultivable (gair mumkin) in revenue records.
Amendment in urban area law undone
As a corrective measure, the assembly during its one-day monsoon session in August had passed a Bill to undo the 2017 amendment in the Haryana Development and Regulation of Urban Areas Act.
The amended law entailed a change in definition of notified urban area land and size of the holding for which the NoC was required. The land holding for which NoC is required is now less than one acre instead of less than two kanals and the notified urban area land definition has been changed from agricultural to vacant again. Vacant land has been defined as land wherein either no construction of any nature exists or such construction was in existence which is either uninhabited or not fit for human habitation and stands constructed without following the due course of law. Also, now NOC will be required for transfer of land through gift deed.
Meanwhile, suspended naib tehsildar Jagdish Chand was reinstated on October 6 as no evidence was found against him by the Gurugram divisional commissioner.
On being asked about the technical glitches affecting the registration process post incorporation of safety measures in software, the ACS, revenue, said most of the snags have been sorted out and registrations were being done in a smooth hassle-free manner.