Ranchi: In a significant development with far-reaching implications for landowners, property buyers and the real estate sector, the Jharkhand High Court has paved the way for the registration of more than three lakh acres of land that had remained under the category of “pratibandhi” (prohibited) land for nearly eight years.
Justice Rajesh Shankar, while hearing a writ petition filed by Hazaribagh resident Amit Ranjan, directed the state government to immediately remove the prohibited land list maintained on the National Generic Document Registration System (NGDRS) portal and instructed sub-registrars across the state to process and register transfer deeds that comply with statutory requirements.
The court observed that authorities could not continue relying on provisions and notifications that had already been struck down by the judiciary. It noted that the continued presence of the prohibited land list on the registration portal was causing undue hardship to landowners, with registration officials routinely refusing to register otherwise valid sale deeds.
The controversy traces its roots to a government exercise launched in 2016 to identify allegedly illegal, suspicious or irregular land records and settlements. Following a directive issued at the level of the Chief Secretary on May 13, 2016, authorities began scrutinising jamabandis and land records. Subsequently, large tracts of land, including non-majurua and other categories of land considered doubtful, were placed under a prohibited list and their details shared with registration offices.
The restrictions became particularly impactful after the rollout of the NGDRS portal in 2018, when the registration of thousands of plots was effectively blocked. According to reports, more than three lakh acres of land across Jharkhand were included in the prohibited category, resulting in stalled property transactions, difficulties in mutation, issuance of rent receipts and access to bank loans.
The legal basis for the restrictions stemmed from Section 22-A of the Registration Act as adopted in Jharkhand through earlier amendments. However, a Division Bench of the Jharkhand High Court had already struck down Section 22-A and the state government’s notification dated August 26, 2015, holding them to be unconstitutional. The Bench had relied on the Supreme Court’s ruling in the Basant Nahata case, which held that such provisions were inconsistent with constitutional principles.
During the recent proceedings, the state government informed the court that Special Leave Petitions challenging the Division Bench ruling were pending before the Supreme Court and that a fresh law was under consideration. However, the High Court noted that no interim stay had been granted by the apex court and therefore the struck-down provisions could not continue to be enforced.
The court further clarified that registration authorities are not empowered to adjudicate ownership disputes or determine title. Their role is limited to verifying whether documents comply with registration laws and prescribed procedures. Questions relating to ownership and title, the court observed, must be resolved through appropriate legal processes and not by withholding registration.
The ruling is being viewed as one of the most significant land-related judgments in Jharkhand in recent years. Legal experts believe it could unlock thousands of stalled transactions, restore liquidity in the land market and offer relief to countless landowners whose properties remained frozen due to administrative restrictions despite the absence of any judicial determination against them.
While the judgment clears the path for registration, the court has also cautioned that registration of a sale deed does not automatically establish ownership rights if the seller’s title itself is defective. Any disputes regarding title or ownership will continue to be subject to adjudication before competent authorities and courts.
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