GDA seeks ban on registries of illegal colonies

The idea is to restrict the growth of such colonies and also not to jeopardise the property rights of those who take up such registries in such colonies

Ghaziabad: In a renewed bid, the Ghaziabad Development Authority (GDA) is contemplating to restrict registration of properties in unauthorised colonies in its jurisdiction area, officials said Wednesday.

Officials said they have decided to write to the stamps and registration department to restrict registration of such properties, while other departments, like the electricity department, waterworks, etc., will also be requested to abstain from providing utility connections in such areas. (Sakib Ali/HT Photo)

Officials said they have decided to write to the stamps and registration department to restrict registration of such properties, while other departments, like the electricity department, waterworks, etc., will also be requested to abstain from providing utility connections in such areas.

“The idea is to restrict the growth of such colonies and also not to jeopardise the property rights of those who take up such registries in such colonies. Generally, people sell such properties/land to homebuyers who later suffer due to legal issues,” said GDA media coordinator Rudresh Shukla.

The GDA this time is banking on certain directions given by the Supreme Court in a civil appeal of 2024 involving UP Avas Vikas Parishad, he added.

According to official records of the authority, they have a list of 351 unauthorised colonies involving an area of 2,944.66 acres. Apart from these, the GDA is regularly taking up demolition drives in areas of Modinagar, Muradnagar, and Loni, among others, to restrict mushrooming of unauthorised colonies.

“We will also urge the police to take up strict enforcement in their jurisdiction areas when GDA seals such unauthorised constructions,” Shukla added.

On the other hand, the stamps and registration department officials said they do not have a provision to check legality of land documents before taking up registries.

“The GDA should take up enforcement activities in its jurisdiction area. We don’t have provision with us (under the Registration Act, 1908) to check the validity of the documents brought to us for registration. So, such restrictions may not be possible. In the past, such attempts were taken up, but the officials had to withdraw their orders for putting a ban on registries of properties in unauthorised colonies,” said assistant inspector general (AIG, stamps) Pushpendra Kumar.

On December 4, 2018, the then Ghaziabad district magistrate (DM) issued directions whereby registration of documents of sale of certain properties of 321 illegal/unauthorised colonies was stopped.

Upon this, the tehsil bar association had moved Allahabad High Court in a public interest litigation.

The petitioners contended that the DM had no such powers, and if the document was presented before the sub-registrar for registration, satisfying all requirements under the Registration Act, 1908, and the Rules framed thereunder, the registration authority cannot deny to register the document only on the ground that the DM has imposed a restriction thereon.

On January 24, 2019, the high court allowed the petition of the tehsil bar association and set aside the December 4, 2018, order passed by the DM while it also allowed the petitioners to be entitled to costs of ₹5,000.

In another petition decided on March 8, 2013, the similar directions issued by the Gautam Budh Nagar DM on May 20, 2011, were also set aside.