The main legal point established in the judgment is that the insistence on obtaining a No Objection Certificate prior to the registration of sale deeds under the Registration Act is not legally sustainable and cannot be imposed without necessary amendment of the law to lend legal support for such additional requirement.

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 Act functions as a statutory authority and are obliged to act in accordance with the requirement of the Registration Act. Therefore, Executive Instructions issued by the Government of Assam compelling such Registering Authorities to insists on furnishing of No Objection Certificate prior to registration of sale deeds for immovable properties, is contrary to law and such insistence is not in consonance with the requirements of the Registration Act.

The learned Counsel has referred to the communication dated 29.7.2004 issued by the Inspector General of Registration, Assam (Annexure-A) to the Commissioner and Secretary to the Government of Assam, Revenue (Registration) Department, Dispur, Guwahati, wherein it is reflected that refusal to register a sale deed can be made only under the provisions laid down under the Registration Act and the requirement insisted through Executive Instructions for obtaining of No Objection Certificate from various revenue authorities cannot override the provisions of the Registration Act. Accordingly, it is reflected in the said communication dated 29.7.2004 that the D.C's/S.D.O.'s are compelling the registration authorities to act against the provisions of law.

4. Ms. B. Goyal, learned Government Advocate appearing for the official Respondents submits that the Government of Assam has issued instructions placing restriction on Registration of documents pertaining to transfer of immovable properties, without a No Objection Certificate from the revenue authorities of the District or the Sub-Divisions to prevent, inter alia, transfer of agricultural land to non-farmers; to restrict a foreign national from acquiring landed property; to check benami transfer of immovable properties. The learned Counsel also contends that the Assam Government is contemplating amendment of the provisions of the Registration Act to regularize the Government Policies already introduced by the Assam Government requiring obtaining of the aforesaid No Objection Certificate. It is further contended that the Government of Assam has not issued any instructions requiring a No Objection Certificate from the development authority constituted under the Town and Country Planning Act for registering of any Registration Deeds by the Registering Authorities.

The learned Government Advocate referred to the provisions of Section 84 of the Indian Registration Act to show that insistence on No Objection Certificate is in consonance with the provisions of law which require every person to furnish information to the registering authority when required.

5. Section 17 of the Registration Act indicates the documents which are required to be compulsorily registered. Sale deeds of immovable properties are compulsorily registerable documents.

A Registering Authority under Sectio