Court Affirms Jurisdiction of Registrar of Public Trusts Over Property Title, Dismissing Real Estate Regulatory Authority's Appeal
In a significant ruling, the Madhya Pradesh High Court has dismissed an appeal filed by the M.P. Real Estate Regulatory Authority against an order by the Madhya Pradesh Real Estate Appellate Tribunal, affirming the registration of a real estate project by Shankar Ji Maharaj Trust. The court clarified the jurisdictional boundaries of the Real Estate Regulatory Authority, asserting that it does not have the power to adjudicate disputes over property titles that have been conclusively decided by the Registrar of Public Trusts under the M.P. Public Trusts Act, 1951.
The case revolved around the application by Shankar Ji Maharaj Trust for the registration of a residential project, "Shree Shankar Ji Niwas," in Jabalpur. The Real Estate Regulatory Authority had initially rejected the application, questioning the trust's ownership of the land, which was recorded in the name of the Shri Shankar Ji Maharaj Temple. However, the tribunal overturned this decision, leading to the Authority's appeal to the High Court.
The High Court, presided over by Mr. Vivek Rusia, ACJ, and Mr. Pradeep Mittal, J., emphasized the legal finality of the Registrar of Public Trusts' findings, which had recognized the land as trust property in 1986 and permitted its development in 2021. The court noted that such findings, unless set aside by a civil court, are binding and cannot be overridden by the Real Estate Regulatory Authority.
The judgment further clarified that the Authority's role under the Real Estate (Regulation and Development) Act, 2016, is limited to verifying the existence of legal title documents for project registration, not adjudicating ownership disputes. The court also dismissed the Authority's distinction between the temple and the trust, affirming the trust as the legal entity representing the temple deity.
This decision reinforces the boundaries of jurisdiction between regulatory authorities and underscores the legal principle that title disputes are the domain of civil courts, not regulatory bodies. The High Court's dismissal of the appeal upholds the Tribunal's directive to grant registration to the Shankar Ji Maharaj Trust's project, affirming the trust's right to proceed with its development plans.
Bottom line:-
The Real Estate Regulatory Authority does not possess the jurisdiction to adjudicate on title disputes or override final orders of the Registrar of Public Trusts under the M.P. Public Trusts Act, 1951, which attain statutory finality unless set aside by a competent civil court.
Statutory provision(s): Real Estate (Regulation and Development) Act, 2016, Sections 4(2)(l)(A), 5, and 58; M.P. Public Trusts Act, 1951, Sections 3, 5, 6, 7, 7(2), and 14; Code of Civil Procedure, 1908, Section 100.
