Shashi Kumar vs Delhi Administration And Ors.
1989 Latest Caselaw 409 Del

JUDGMENT

P.K. Bahri, J.

(1) Mr. Rajinder Dutt wishes to the place on record an affidavit in Court today. Let the affidavit be taken on record.

(2) Rule D.B.

(3) Counsel for the parties pray that the matter be disposed of here and now. Consequently, we proceed to dispose of the writ petition.

(4) The main prayer in this writ petition is for a mandamus directing respondent No. 2 to register the Sale Deed executed by the petitioner in respect of the land mentioned in the writ petition without insisting on a "No objection Certificate" and/or declare that no permission/No Objection Certificate is required under the provisions of Delhi Land (Restrictions on Transfer) Act, 1972.

(5) The respondents have filed a reply which has been taken on record. The respondents concede the position that the Kharsa Nos. for which 'No Objection Certificates' have been applied for are not presently notified. In Para 9 of their reply they have admitted that there is no notification pertaining to the said land under Sections 4, 6 & 17(1) of the Land Acquisition Act, but that the land in question is covered under the scheme. It is evident that if there is no notification issued under Section; 4 or section 6 of the Land Acquisition Act, no permission or 'No Objection Certificate' at all is required in the case of transfer/sale of land, Consequently,the provisions of Delhi Land (Restrictions on Transfer) Act, 1972 are not applicable to such Land. There is no other objection raised by the respondents with regard to registration of the said sale deed.

(6) Consequently, we issue a writ of mandamus directing respondent No. 2 to register and release the sale deed, as mentioned in the writ petition without insisting on any permission or 'No Objection Certificate'.

(7) The writ petition is disposed of accordingly. However, in the circumstances of the case, we make no order as to costs.