Advisory issued against registration of documents relating to land classified as waterbodies

The Inspector-General of Registration (IGR) has issued an advisory to authorities that the registration of documents relating to land classified as waterbodies was strictly prohibited, in line with the advisory issued by the Commissioner of Land Administration (CLA).

In a recent circular to officials of the Registration Department, the IGR has advised them to verify if the survey numbers for registration were in the prohibited module. Following a judgment of the Madras High Court in November last year, the CLA issued a communication to all Collectors against the registration of documents relating to land classified as waterbodies.

The High Court had directed the State government to issue clear instructions to all authorities concerned that wherever any public building/institution was found constructed on a waterbody, appropriate disciplinary action and monetary recovery was to be initiated against officials responsible for granting the approval.

With respect to regularisation of encroachments in land classified as a waterbody, only the relocation of said encroachers to other unobjectionable poromboke lands was permissible, whereas said land’s classification should not be altered, the CLA underlined.

“It has also been noted that in many cases that encroachers attempt to justify their occupation by citing the presence of existing government buildings or structures constructed within waterbodies. Such instances of existence of government buildings lead to resistance/agitation by the general public during eviction operations, resulting in operational challenges and placing the authorities in a difficult position.”

The CLA further instructed Collectors to prepare a list of public buildings that were present on lands classified as waterbodies and further instructed them not to approve any construction, reconstruction, or repairs. It instructed against the issuance of electricity and water supply, assessment of property tax, and plan or layout approvals for any structure on lands classified as waterbodies. It added that disciplinary and monetary action should be initiated against officers who allowed any unauthorised construction or service on lands classified as waterbodies.