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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Zainab Khatun, W/o. Jahangir Khan – Appellant
Versus
State Of Assam, Rep By The Chief Secretary To The Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. rejection of noc application based on irrelevant suit (Para 2 , 9 , 10 , 11) |
| 2. petitioner's ownership and urgency for land sale (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. legal basis against rejection of application (Para 12 , 13) |
| 4. court's order for reconsideration of noc application (Para 14) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. F. N. U. Mollah, the learned counsel appearing on behalf of the Petitioner and Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4 and 5. I have also heard Ms. N. Bordoloi, the learned Standing counsel appearing on behalf of the Respondent No.2.
2. The Petitioner herein is aggrieved by the order dated 27.06.2025 whereby the application seeking No Objection Certificate as is required under Section 21A of the Registration Act, 1908 insofar as the same is applicable to the State of Assam was rejected on the basis that the Lot Mandal had reported that there is a Title Suit going on.
3. The brief facts of the instant case are that the Petitioner is the absolute owner of a plot of land admeasuring 1 Katha (2.68 Are) covered by Dag No.322 (26 old) of K.P. Patta No.1014 (56 old) of Revenue Village Jyot
Pendency of a suit does not bar land transfer; rejection of NOC based on erroneous claims violates constitutional ownership rights.
Public authorities must provide clear reasons for decision-making to uphold statutory compliance and transparency in administrative actions.
Public authorities are required to provide explicit reasons for rejection of applications to ensure transparency and allow rectification of deficiencies.
Public authorities must provide clear reasons for decisions; non-speaking orders violate statutory requirements.
Public authorities must provide timely services and reasons for delays or rejections under the Assam Right to Public Services Act, ensuring citizens' rights are upheld.
The court ruled that actions by authorities to withhold land sale permissions during pending suits must respect judicial outcomes, reaffirming the principle that transfers are subject to suit results....
The denial of No Objection Certificate for alienation of land assigned on payment of market value is impermissible under law, as such land is not subject to transfer prohibitions applicable to lands ....
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