Industry seeks clarity on Section 22-A  restrictions

Developers seek transparent process to protect public land and genuine private property

The real estate industry is seeking greater clarity on the application of Section 22-A of the Registration Act, particularly in cases where privately held properties have already gone through registrations, statutory approvals and institutional financing before facing restrictions under the prohibited-properties list.
Industry representatives say there is no dispute over the need to protect government land, assigned lands, endowment and Wakf properties, Bhoodan lands, forest land and other public assets. Their concern is about ensuring that genuine private property owners, homebuyers, developers and lenders are not left in prolonged uncertainty when land records or classifications subsequently come under question.

Issues industry wants addressed

1. Comprehensive land inventory

Can Telangana create an authoritative inventory identifying government, private patta, assigned, endowment, Wakf, Bhoodan, forest and other categories of land? Industry representatives say a consolidated database could reduce uncertainty and make property verification easier.

2. Survey number-wise records

The industry wants government land details to be available online at village, survey number and extent level. A common database could help buyers, developers, banks and registration authorities work from the same records.

3. Changes to existing records

Where a property that was previously registered subsequently appears on the Section 22-A list, stakeholders want clarity on what changed, what evidence supported the change and whether earlier transactions and records were examined.

4. Prior notice

Industry representatives have sought a process under which affected owners, developers and buyers receive notice and an opportunity to submit documents before restrictions are imposed, wherever legally and administratively feasible.

5. Protection for genuine buyers

Homebuyers who purchased properties after relying on government permissions, TG-RERA registration, registered documents and bank financing want clarity on how their interests would be addressed if a Section 22-A issue emerges later.

6. Partial survey disputes

Where only a portion of a survey number is disputed, the industry wants a mechanism to identify and demarcate the affected extent rather than allowing restrictions to affect undisputed private land.

7. Reconciliation of records

Differences between revenue, registration and departmental records can create uncertainty. Stakeholders want better coordination and a mechanism for reconciling conflicting records.

8. Review of completed projects

The industry has sought a time-bound review mechanism for projects that had already received approvals, obtained regulatory registrations, secured bank finance and reached advanced stages of construction before the Section 22-A issue arose.

9. Correction mechanism

Stakeholders want a clearly defined process for challenging incorrect inclusion in the prohibited list, including the authority responsible, documents required, timelines, reasoned orders and an appeal mechanism.

10. Balance between public and private interests

The industry says protecting public land and protecting genuine private property need not be competing objectives. It wants a system that accurately identifies protected land while providing certainty to properties supported by valid records and approvals. 

Structured moves

• Authoritative land inventory sought.
  
• Survey number-wise records proposed.
  
• Prior notice sought for affected owners.
  
• Mechanism sought for partial survey disputes.
  
• Record reconciliation between departments needed.
  
• Time-bound review mechanism proposed.
  
• Clear correction and appeal process sought.