Plea In Supreme Court To Allow Public Inspection Of General Power Of Attorneys In Property Transactions

The Union Government on September 2 told the Supreme Court that it will explore if a legislative intervention is required to address the issues raised in a petition seeking public inspection of General Power of Attorney (GPA) issued in property transactions. 

The bench of Justices Surya Kant and Ujjal Bhuyan was hearing a Public Interest Litigation (PIL) filed by a petitioner-in-person seeking directions to allow GPAs entered by parties in relation to immovable properties to be open for public inspection and verification under the Right To Information Act 2005.

Notably, S.57(3) of the Indian Registration Act 1908 provides that copies of GPA or a Special Power of Attorney(SPA) can be given by the registering officers only to 'any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative'.  The Provision read with S. 51(3) of the Act entails GPA/SPA as part of 'book 4' which is immune from public scrutiny. 

During the hearing, the Additional Solicitor General Vikramjit Banerjee sought time to explore possible legislative solutions to the prevailing issue raised by the petitioner. 

The Court granted the Union 6 weeks' time to examine the legislative scope of the matter. 

"Learned Additional Solicitor General of India seeks and is granted six weeks' time to explore the scope of legislative intervention, if so required, in respect of the issues raised in the instant petition." 

Matter will now be heard on October 21. 

Grievance Of The Petitioner 

In the petition it is contended that such an immunity from public discovery often encourages the adoption of corrupt means to procure the same by individuals. 

"Often times such transactions have been executed by those people who do not have proper title to the property. The act of denial of copies of GPA, by the Sub Registrar indirectly leads to aiding and abetting of such persons.Furthermore, such denial also encourages corruption. Since applicants desperate to seek copies then resort to illegal means to obtain such copies. Like taking recourse to middlemen who then provide uncertified copies for a fee. If copies of the Sale deed are available to everybody there seems no reason why copies of GPA that have been used in a property-related transaction should not be available."

"There is a huge public interest in the discovery of GPA-related property transactions. In fact, allowing copies of GPA will bring more clarity to such transactions, and check corruption."

It further highlights that such a denial of copies of GPA is violative of Section 22 of the Right to Information Act 2005. The Provision gives RTI Act an overriding effect on any other law which is inconsistent with the provisions of the RTI Act. 

The petitioner seeks (1) a declaration that any GPA containing reference to immovable property be permitted for public inspection or be issued as certified copy in public domain; (2) declaration that the copies of GPA relating to immovable properties be procured under the RTI Act

I.Issue a suitable writ to declare that any registered power of attorney that contains a reference to an immovable property be allowed for inspection/be issued as a certified copy to the public just like a sale deed. Under the registration act of 1908.

II. AND/OR Issue a suitable writ to declare that copies of power of attorney that contain a reference to immovable property can be availed under the Right to Information Act of 2005

III. AND/OR Issue a suitable writ to pass an order that this Hon'ble court finds just and proper in the interest of justice. 

Case Details: ABISHEK NATH SARVARIA vs. UNION OF INDIA  Writ Petition(s)(Civil) No(s).1076/2022

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