Section 4E. Bar to Registration ~ LLBH

Section 4E. Bar to Registration

Section 4E states -

"No transfer (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue) of any land or interest in such land within an urban agglomeration as defined in the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) or within any part of such urban agglomeration, as may be specified by the State Government by notification in the Official Gazette and used mainly for agriculture or as an orchard, without any order in writing of the Collector shall be valid and no registering authority shall, notwithstanding the provisions of the Registration Act, 1908 (16 of 1908), register a document of such transfer unless order of the Collector in writing permitting such transfer is produced."

This section bars the transfer of any land which is mainly used for agriculture or orchard or any interest therein without the written order of the Collector, if such land or orchard falls within an urban agglomeration. Every such transfer include sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue. In case of such transfer, the registering authority shall not register a document without the copy of the order of the Collector permitting such transfer.

Here it is important to know the meaning of the term 'urban agglomeration' which has been defined in section 2(n) of the Urban land ceiling and Regulation Act, 1976.This section states -

“urban agglomeration”,—

(A) in relation to any State or Union territory specified in column (1) of Schedule I, means,—

(i) the urban agglomeration specified in the corresponding entry in column (2) thereof and includes the peripheral area specified in the corresponding entry in column (3) thereof; and

(ii) any other area which the State Government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in that Schedule and the peripheral area therefor shall be one kilometer;

(B) in relation to any other State or Union territory, means any area which the State Government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in Schedule I and the peripheral area therefor shall be one kilometer."

Proviso to Section 4E states --

"Provided that any application made to the Collector for permission for any such transfer made of one's own motion or for registration of a transfer in execution of a decree of a civil court shall be disposed of by the Collector within sixty days of the application failing which it shall be within the rights of the registering authority to register the document of the transfer."

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