The Hindu : Karnataka / Bangalore News : HC fiat to Government on land records

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Friday, Feb 15, 2008
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Karnataka

Karnataka - Bangalore

HC fiat to Government on land records

Staff Reporter

Revenue Department
draws flak
‘Lack of proper records leads to litigation’

BANGALORE: The Karnataka High Court has directed the State Government to ensure that all records relating to lands, including those related to transfer and sale, are documented by the Revenue Department.

Justice Huluvadi G. Ramesh passed the landmark order in a case relating to a land tribunal order of Gulbarga.

Coming down on the Revenue Department for not maintaining, entering and documenting records relating to sale, lease and transfer of lands, Mr. Justice Ramesh said: “It is often noticed that wherever transfer of property has taken place from one person to another by way of sale, mortgage, sale deed or katha exchange, necessary mutation has not been carried out in the land registers and records.” This, he said, had caused confusion apart from leading to fraud and attempts by people to sell the same land to several persons.

He said under Section 17 of the Indian Registration Act, it was mandatory for the Revenue Department and for the officials to ensure that any property valued at more than Rs. 100 was registered. Only when such a property was registered did it gain legal sanction.

He said the lack of proper and complete documents had led to unnecessary litigation and that this could be avoided if only all the transaction related to the land was entered as per Sections 128 and 129 of the Karnataka Land Acquisition Act.

He directed the Government to communicate the order to the Revenue Secretary so that it would be followed by the officials.

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