More than 20 years after 82 residential plots were bought by individuals, including many retired government employees from a single owner at Neithavayal village in Tiruvallur district, the Hindu Religious & Charitable Endowments (HR&CE) Department has claimed rights over the property and written to the Registration Department not to allow any transaction relating to the land.
The plots spread over 6.3 acres approved by the Directorate of Town and Country Planning (DTCP) in 1992 was purchased by people from different walks of life after obtaining the encumbrance certificate and legal opinion in 1993-94.
At least a dozen retired government employees bought the plots by availing home loan from a nationalised bank that referred the documents to its panel of advocates before sanctioning the loan.
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Most of the plot owners did not construct houses since there was a dispute over the approach road with some local people. When some of them chose to sell the plots, they got a jolt when the Sub-Registrar, Ponneri, informed that the HR&CE Department had requested that no transactions be allowed.
Some affected people approached HR & CE Department officials in Chennai who refused to divulge any information about the basis on which the ban on sale was imposed. When they moved the Tamil Nadu State Information Commission, officials maintained that the matter was under process and no information on the reasons for imposing the ban could be shared.
The HR&CE Department Public Information Officer said the land in question was found to be recorded as ‘Chatram’ land in the ‘A’ Register (revenue record) in 1912.
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It was further stated that it came to light during an inquiry that the ‘Chatram’ land was learnt to have been used by devotees of Varadaraja Perumal temple during festivities for stay and rest.
However, the department was yet to take charge of the temple and it was proposed only now to appoint an Executive Officer.
Chief Information Commissioner K. Ramanujam noted that the PIO had not established firmly the link between the three entities – HR&CE Department, Varadaraja Perumal Temple and the ‘Chatram’ land, while the claim of the plot owners was based on records, including pattas transferred to their names.
Mr. Ramanujam was of the view that while HR & CE Department had the right and duty to protect its properties, those likely to be affected by the move to ban registration after enjoying the title, rightly or wrongly, for 20 years also had a right to know the background, which deprives them of their ownership right.
Issue of transparencyWithout going into the merits of the claim of ownership and title, which at any rate is beyond the purview of the Commission, he directed that in the interest of transparency, a copy of the letter given by the HR & CE Department to the Registration Department asking them to stop registrations of the land be given to the petitioners along with the inquiry report.
The CIC also recommended that in cases where the HR&CE Department approached the Registration Department not to approve registration of lands, “the fact may be publicly notified on its website so that stakeholders at least get notice and intending buyers are also warned, especially when the ‘ban’ is not reflected in the Encumbrance Certificate .”