Section 77A empowered District Registrars to cancel registered documents if any fraud or forgery was suspected, after issuing notice to all concerned parties and considering their reply.
The Court observed that although the Section 77A may come to aid of a few innocent land owners, it was likely to cause hardships for lakhs of others whose property transactions may be unsettled on suspicions.
The Court explained that District Registrars cannot be expected to delve into complex questions of fraud or forgery and cancel documents on such grounds without any guidelines to carry out such an exercise.
“The District Registrar who is not even a law graduate or acquainted with legal principles but bound by Circulars rather than precedents, is now supposed to adjudicate disputes on title. The District Registrar is not competent to decide complicated issues involving questions of law and facts,” the Court said.
The Court pointed out that without any guideline in place, the Registrar may cancel the registration of a document without even assigning any reason.
Conferring such power without statutory guidelines will lead to corruption and blackmailing by land grabbers, the Court opined further.
“This Court is of the view that by permitting the executive to decide such complicated contentious issues … without guidelines or limitations, it will lead to chaos … This Court will not be surprised if erratic orders are passed by the District Registrar which is even beyond the scope of his power and jurisdiction under the Registration Act particularly, Section 77-A,” the Court added.
Criticising the State’s failure to lay down any guidelines, the Court further commented,
“This Court finds lack of legislative wisdom in bringing the amendment introducing Section 77-A of the Act.”
Source: Barandbench
