The Kurnool District Bar Association filed a public interest litigation (PIL) in the Andhra Pradesh High Court challenging the legality of the A.P. Land Titling Act, 2022 (Act 27/2023) (APLTA) with specific reference to Sections 10, 13, 14, 15, 25, 34 and 46.
Association general secretary M.V. Chakrapani stated in the petition that the given sections of APLTA are in violation of Articles 21, 246 and 300-A of the Constitution, Indian Succession Act of 1925 and relevant guidelines of the Supreme Court.
APLTA is intended to provide for the establishment, administration and management of a system of title registration of immovable properties. However, the petitioner contended that the impugned Act will lead to a rise in property disputes.
For instance, as per Section 10, if title registration officers observe a dispute involving the title to a property, they can order its entry in a Register of Disputes and refer the case to the Land Titling Appellate Officer concerned.
This results in an increase in civil/property disputes as there will be ample scope for unnecessary litigation, the petitioner observed.
Further, Mr. Chakrapani said in the petition submitted to the court by advocate Y. Balaji, that the provision under Section 14 for any person aggrieved by the notified entry in the Register of Titles to file an objection to the claim before the Land Titling Appellant Officer will cause the entry to be made in the Register of Disputes and a mention of the same in the Register of Titles.
Under this provision, making entries in the Register of Disputes will create land disputes due to the possibility of the influence of money and involvement of muscle and political power.
The High Court should, therefore, look into such aspects of APLTA and take an appropriate decision in public interest, the petitioner appealed by citing various citations of the apex court.
