Land sale: HC removes patta hurdle
The court verdict has come as a major reprieve to real estate developers, Says Reda President
Oct 27, 2014
Source : The Times of India
Orissa High Court


CUTTACK | BHUBANESWAR: Ending the seven months deadlock over transaction of land, the Orissa high court on Friday said record of rights (ROR), a revenue department document called 'patta', will not be mandatory for registering sale of the properties.

Justice B K Patel issued the direction while disposing a case challenging a state government order issued on April 25, which states that "the registering officer shall not register any document presented to him unless the transferor produces the ROR to the satisfaction of the registering officer that such transferor has right, title and interest over the property so transferred."

The revenue and disaster management department had issued the order as part of its guidelines to implement The Registration (Odisha) Amendment Act-2013. The Act restricts sale of property belonging to the government and various religious institutions, including Jagannath temple at Puri.

A lawyer, Dhabala Prasad Pradhan, had moved the HC alleging that the Act has been misinterpreted by the registering authority. Pradhan in his petition alleged that he had purchased a piece of land from one Jadunath Behera, which the sub registrar's office at Cuttack in August, refused to register citing the ROR was not in the name of the seller.

"It is no where mandated in the government's order that the ROR should carry the name of the transferor or seller. The order specifically says that transferor should have to produce documents confirming that he has title and right over the property. But surprisingly the sub-registrars have misinterpreted it and not registered the sale of land unless the ROR is in the name of transferor or seller," said Sushant Dash, petitioner's counsel.

The petitioner alleged that genuine title holders are facing lot of inconvenience in selling their land due to the faulty misinterpretation. He alleged that it takes a long time, sometimes years, for a buyer of land to get patta after mutation of land. "Taking note of our contention, the court has directed the Cuttack Sub-registrar to register the transfer of land," said Dash.

The court verdict has come as a major reprieve to real estate developers. "The interpretation of the Act making updated ROR mandatory for registration has almost brought transaction of real estate properties to a standstill. We had taken up the issue with the state government several times. The court verdict comes as a major relief to the sector," said president of Real Estate Developers Association of Odisha Pradipta Biswasroy.


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