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1989 Supreme(Del) 277

High Court Of Delhi
O.P.C.JAIN - Appellant
Versus
A.D.M.(LA) - Respondent
Civil 1268 of 1989
Decided On : 07/28/1989

Advocates Appeared:
N.S.VASHISHT, RAJENDER DUTT

No permission or no objection certificate is required for the transfer/sale of land if there is no notification issued under the Land Acquisition Act.

Headnote:

Mandamus - Land Transfer Restrictions - The court issued a writ of mandamus directing the respondent to register and release sale deeds without insisting on any permission or no objection certificate.

Fact of the Case:

The main prayer in the writ petition was for a mandamus directing the Sub Registrar to release the sale deed without insisting on a 'no objection Certificate' or declaring that no permission/no objection certificate is required under the provisions of Delhi Land (Restrictions on Transfer) Act, 1972.

Finding of the Court:

The court found that no permission or no objection certificate was required for the transfer/sale of land if there was no notification issued under the Land Acquisition Act, and consequently issued a writ of mandamus directing the respondent to register and release the sale deeds without insisting on any permission or no objection certificate.

Issues: The main issue was whether a permission or no objection certificate was required under the Delhi Land (Restrictions on Transfer) Act, 1972 for the transfer/sale of land.

Ratio Decidendi: The court's decision was influenced by the interpretation that if there is no notification issued under the Land Acquisition Act, then no permission or no objection certificate is required for the transfer/sale of land, and consequently the provisions of Delhi Land (Restrictions on Transfer) Act, 1972 are not applicable.

Final Decision: The court issued a writ of mandamus directing the respondent to register and release the sale deeds without insisting on any permission or no objection certificate.

P. K. Bahri

( 1 ) RULE D. B.

( 2 ) COUNSEL for the parties pray that the matter be disposed of here and now. Consequently, we proceed to dispose of the writ petition.

( 3 ) THE main prayer in this writ petition is for a mandamus directing Sub Registrar to release the sale deed in respect of the land mentioned in the writ petition, executed and registered in favour of the petitioner without insisting on a "no objection Certificate and/or declare that no permission/ No objection Certificate is required under the provisions of Delhi Land (Restrictions on Transfer) Act, 1972.

( 4 ) THE respondent I and 3 have filed replies. Respondent No. I has conceded the position that the Khasra numbers for which No objection Certificates have been applied for are not presently notified. Respondent No. 3 has filed a reply and has admitted that five sale deeds were presented for registration vide serial nos. 31 to 35 on 22nd September, 1988, in respect of the land situated at Mehrauli, Delhi and necessary fees have been deposited.

( 5 ) MR. Rajinder Dutt, Counsel for the Respondents, points out that according to the present policy no status report/ no objection Certificate is sent to the Sub-Registrar, Delhi, where there is "a scheme to acquire land so that the intending purchasers may not be defrauded or remain in dark". It is evident that if there is no notification issued under Section 4 or Section 6 of the Land Acquisition Act, then no permission or no objection Certificate at all is required in the case of transfer/sale of land. Consequently, the provisions of Delhi Land (Restrictions on Transfer) Act, 1972, are not applicable to such land. There is no other objection raised by the respondents with regard to registration of the said sale deeds.

( 6 ) CONSEQUENTLY, we issue a writ of mandamus directing respondent No. 3 to register and release the five sale deeds, as mentioned in the writ petition, without insisting on any permission or no objection Certificate :

( 7 ) THE writ petition is disposed of accordingly. However in the circumstances of the case, we make no order as to costs.

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