[Maharashtra Registration Rules] No objection certificate not mandatory for registering sale deeds of fragmented land: Bombay High Court

The Aurangabad Bench of Bombay High Court last week held that there is no requirement of no objection certificate (NOC) from the relevant authority while registering sale deeds of fragmented land [Govind Ramling Solpure & Ors. v. State of Maharashtra & Ors.].In this regard, a Division Bench of Justices RD Dhanuka and SG Mehare read down Rule 44(1)(i) the Maharashtra Registration Rules.The Court was hearing a plea seeking a declaration that Rule 44(1)(i) of the Maharashtra Registration Rules is contrary to the Registration Act. The petitioners had also prayed for quashing and setting aside a circular of 2021 which directed exercise of power under the Rule 44(1)(i).The petitioners were aggrieved by the refusal of the joint sub-registrar of Aurangabad, to register sale deeds on the ground that those deeds were in violation of circular of 2021 and these sale deeds could be registered only upon obtaining permission from competent authority.The said circular provides that the sub-registrar shall not register the document presented for registration unless sanctioned layout is enclosed with such documents and for this reason, the sub-registrar had refused to register documents.Aggrieved by the same, the petitioner approached the High Court challenging the Rule..The Bench concluded that they could not find any powers which the Registration authorities possessed to issue any circular by way of subordinate legislation which would be inconsistent with the Registration Act. "The rules which can be framed cannot be beyond the rule making power conferred by the parent statute or supplants any provision for which power is not conferred. In our view, Rule 44 (1)(i) is not in accord with the provisions of sections 34 and 35 of the Indian Registration Act and cannot travel beyond the said provisions," the Bench observed in the order..The High Court held that the registration authority could neither reject any document for non-compliance with the circular nor the Rule under challenge."Rule 44(1)(i) of the Maharashtra Registration Rules, 1961 is read down and is declared that the same would not be applicable. The registering authority is not required to insist compliance of the conditions imposed under Rule 44(1)(i) while registering the document under section 34 r/w section 35 of the Registration Act, 1908. The registering authority shall not reject any document on the ground of non compliance of the conditions set out in the impugned circular dated July 12, 2021 or for non compliance with Rule 44(1)(i)," the Bench held in conclusion of the 27 page order..Advocates Rameshwar Totla, Rahul Totla, Riya Jariwala, Swapnil Lohiya and Rajat Malu appeared for petitioners.Additional Government Pleader DR Kale appeared for respondents.[Read Judgment]