HC stays cancellation of 24-acre land sale deed

The Punjab and Haryana high court has stayed proceedings before the sub-registrar, Wazirabad, Gurugram, pertaining to cancellation of a sale deed for a 24-acre piece of prime land sold by Yoga Guru, Dhirendra Brahmchari’s Aparna Ashram Society at a throwaway price to three private companies. A sale deed for 24 acres in Silokhra village of Gurugram was registered by the Wazirabad naib tehsildar in December 2020 for a mere Rs 55 crore.

After the controversy broke out, the then Gurugram deputy commissioner had set aside the registration deed after first allowing manual registration of the same. The order of the deputy commissioner was challenged by one of the private buyers of the Ashram land in the high court on the grounds that the order lacked jurisdiction. In the meantime, the state government proceeded with the process to cancel the sale deed.

“The authorities are now proceeding for registration of cancellation deed presented by Laxman Chaudhary (claiming to be the president of the Society) as is evident from the order/notice of January 25, 2021, passed by sub registrar, Wazirabad. It is pertinent to note at this stage that the Supreme Court in Thota Ganga’s case has held that it is only when a sale deed is cancelled by a competent court that a cancellation deed can be registered,” the HC observed.

“Therefore, keeping in view the totality of the facts and circumstances, it would not be expedient to permit continuance of proceedings before the sub-registrar, Wazirabad, for registration of cancellation deed at this stage. Accordingly, further proceedings before the subregistrar, Wazirabad, pertaining to the registration of cancellation deed to remain stayed till the next date of hearing (February 15),” ordered a bench of Justice Lisa Gill on January 28. HTC