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2023 Supreme(Del) 2915

MINI PUSHKARNA
Deepak – Appellant
Versus
A D M La South West – Respondent


Advocates appeared:
Mr. Rajbir Singh and Mr. Umesh Yadav, Advocates, for the Petitioner.
Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Ms. Manisha, Advocates, for the Respondent-1.
Mr. Santosh Kumar Tripathi, SC/GNCTD with Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Utkarsh Singh, Ms. Mehak Rankawat, Advocates, for the Respondents.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

1. The present writ petition has been filed with a prayer for direction to the respondents to grant necessary permission to the application made by the petitioner, so that permission/No objection Certificate (NOC) is granted to the petitioner for the purposes of sale of his land.

2. It is the case of the petitioner that he is the joint owner in possession of 1/4th share of land comprised in Khasra No. 79(7-0), 329 (8-8), 160(8-2), 330 (8-4), 350 (4-4), 526 (4-18), 527 (1-3) and 631 (3-6) total area measuring 45 Bigha 5 Biswas of village Mundhela Khurd, Tehsil Najafgarh, New Delhi. It is submitted that the petitioner is owner in possession of 11 Bigha 6 Biswa and 5 Biswansi of agricultural land comprises in the above stated Khasra Nos.

3. It is submitted that petitioner for his bona fide requirement has entered into an agreement to sell his entire shareholding in the land in question. It is mandatory requirement that before registration of a document of sale of agricultural land, the seller has to obtain necessary permission under the Delhi Land (Restrictions on Transfer) Act, 1972. Under Section 3 of the said Act

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