HC sets aside AAP govt circular

Allowing Registrars to cancel registrations

New Delhi: The Delhi High Court has set aside an AAP government circular empowering Registrars to cancel registration of documents, saying the Supreme Court has made it clear that they do not have such powers.

A bench of Chief Justice Rajendra Menon and Justice V K Rao quashed the July 13, 2016 circular of the Delhi government on the ground that it was in violation of the Registration Act of 1908. 
The circular had laid down the procedure to be followed on receiving a complaint of fraudulent registration through impersonation or by producing false documents. 

It had also allowed the Registrar to cancel the registration of a document in question if it was found that it was done by fraudulent means. 

Setting aside the circular, the high court said Monday that Registrars have no such power under section 82 of the Registration Act which lays down the penalty of seven years’ imprisonment or fine for impersonation or making false statements or giving false material when registering a document. 

"Suffice to say in view of the law laid down by the Supreme Court in Satya Pal Anand (supra) it must be held that Registrar has no powers under section 82 of the Registration Act nor can invoke section 21 of the General Clauses Act, to annul a registration of a document. 

Accordingly, the circular dated July 13, 2016 to the extent it empowers the Registrar to annul a registered document is ultra vires the Registration Act, 1908 and is set aside," the bench said. 

The verdict came on a PIL petition by an NGO which had challenged the circular on the ground that the prevalent law did not allow the registrar to recall registrations and this power cannot be granted by delegated legislation.