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DELHI HIGH COURT
YASHWANT VARMA
US Mishra – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. seeking relief via writ petition. (Para 1) |
| 2. background facts of land transactions. (Para 2 , 3) |
| 3. analysis of transfer restrictions under the 1954 act. (Para 4 , 5 , 6) |
| 4. misinterpretation of precedent in transfer case. (Para 7) |
| 5. writ petition granted; noc must be issued. (Para 8) |
JUDGMENT
Yashwant Varma, J. (Oral)--This writ petition has been preferred principally seeking the following reliefs: -
"(a) Issue a writ, direction, order in the nature of certiorari thereby directing the Respondents to grant of No-objection certificate on the application filed by the Respondent No. 3 i.e. Shri Sandeep Jain for transfer of land in favour of Petitioners;
(b) Issue any other appropriate writ, direction or order as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and to enable the registration of Sale Deeds in favour of the Petitioners;"
2. The petitioners are constrained to approach this Court by means of the present petition in the following backdrop of facts. The Goan Sabha, Ghitorni on 24th November, 1981 is stated to have passed a resolution for leasing land bearing No. 630 admeasuring approximately 2 acres. Pursuant to the aforesa
Bhumidars have transfer rights under the Delhi Land Reforms Act, and objections to NOC requests must be legally substantiated, failing which the request must be granted.
The main legal point established in the judgment is that the refusal of LSR/NOC by the respondent No.2 was not justified, and the objections raised under the Land Restriction Act were not applicable ....
The transfer of land without prior approval under Section 157-AA of the Zamindari Abolition and Land Reforms Act is void-ab-initio.
Subsequent land purchasers cannot challenge government acquisition notifications and transfers made without proper permissions are considered void.
A land transfer without Collector permission is invalid under statutory provisions, affirming the need for compliance with regulatory frameworks.
A transfer of land by a Scheduled Caste bhumidhar without prior approval from the Assistant Collector is void-ab-initio, and the petitioner cannot claim benefits under the Act.
A decision by an authority exercising discretionary power under a statute must be arrived at by taking into account the relevant considerations and eschewing the irrelevant considerations, in the abs....
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