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2007 Supreme(Gau) 663

J.CHELAMESWAR, HRISHIKESH ROY
Abdul Aziz – Appellant
Versus
State of Assam – Respondent


JUDGMENT

Hrishikesh Roy, J.

1. Heard Mr. T.C. Khatri, learned senior counsel appearing for the petitioner. Also heard Ms. B. Goyal, learned Government Advocate appearing for the respondents.

2. This petition styled as a Public Interest Litigation (PIL) has been filed to challenge the requirement of production of "No Objection Certificate" from Deputy Commissioner/Sub-Divisional Officers and from the Development Authorities under the Town and Country Planning Act, before the registering authority as a pre-condition for registration of documents such as sale deeds, required to be registered under the provisions of the Registration Act, 1908, hereinafter referred to as the "Registration Act". It is contended that in so far as registration of documents are concerned, the same are to be dealt with under the provisions of the Registration Act and once the requirement of Registration Act are fulfilled, there could be no objection to registration of registerable documents on the ground of non-availability of No Objection Certificate from the aforenoted authorities.

3. It is contended by Mr. T.C. Khatri, the learned Counsel for the petitioner that Registrar/Sub-Registrar under the Registration














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