Allahabad High Court Upholds Sub Registrar's Refusal to Register Property Sale in Cantonment Area
Court rules prior permission from Central Government mandatory for property transfer in defense areas, citing Cantonment Land Administration Rules
In a significant ruling, the Allahabad High Court dismissed a writ petition challenging the refusal of the Sub Registrar to register an agreement to sell a property located in the Meerut Cantonment area. The division bench, comprising Justices Shekhar B. Saraf and Praveen Kumar Giri, reinforced the necessity of obtaining prior permission from the Central Government for any property transactions within cantonment areas, as mandated by the Cantonment Land Administration Rules, 1937.
The case, Ahmad Ali Khan v. State of Uttar Pradesh, involved the petitioner Ahmad Ali Khan, who sought to register an agreement to sell a property identified as Bungalow No. 132 in the British Calvary Lines of Meerut Cantonment. The Sub Registrar had refused the registration, citing the lack of necessary permissions from the Defense Estate Officer, a requirement underscored by a 2011 circular from the Uttar Pradesh government.
The petitioner's counsel argued that the agreement pertained only to the superstructure and not the land, claiming that no prior permission was needed for such a transaction. They contended that the Sub Registrar's refusal lacked legal standing under the Registration Act, 1908.
However, the court upheld the Sub Registrar's decision, emphasizing that the superstructure cannot be separated from the land in legal terms. The judgment noted that Rule 15 of the Cantonment Land Administration Rules prohibits the sale of land without explicit orders from the Central Government. The court applied the maxim "quando aliquid prohibetur ex directo, prohibetur et per obliquum," affirming that indirect means to achieve prohibited ends are equally disallowed.
Furthermore, the court highlighted the legal principle that agreements to sell properties within cantonment areas, which could eventually result in a transfer of land, necessitate prior permission. The ruling also drew on precedents where the Supreme Court recognized the statutory force of General Order No. 179 dated 12.09.1836, governing land grants in cantonments.
The bench observed that the petitioner could still seek permission from the competent authority for future transactions and advised pursuing appropriate legal remedies, including appeals under the Registration Act.
This decision underscores the judiciary's stance on maintaining stringent regulatory oversight over property transactions in defense areas, balancing individual property rights against national security concerns.
Bottom Line:
Sub-Registrar's refusal to register an agreement to sell a property in the Cantonment area was upheld, as prior permission from the competent authority is mandatory under Cantonment Land Administration Rules, 1937 and the General Order No. 179 dated 12.09.1836.
Statutory provision(s): Registration Act, 1908 Sections 17(1A), 72, 77; Cantonment Land Administration Rules, 1937 Rule 15; Transfer of Property Act, 1882 Section 53A; Constitution of India, 1950 Articles 215, 226.
Ahmad Ali Khan v. State of Uttar Pradesh, (Allahabad)(DB) : Law Finder Doc Id # 2784342
