US MISHRA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition has been preferred principally seeking the following reliefs: -

(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 aforesaid resolution, a Lease Deed came to be executed by the Gaon Sabha in favour of one Kailash Chand Jain. That lease was extended up to 28th December, 1991 whereafter Kailash Chand Jain came to be recorded and declared as the bhumidar thereof in terms of Sec. 74(4) of the Delhi Land Reforms Act, 1954 (1954 Act) . The grant of bhumidari rights to Kailash Chand Jain was assailed by the Gaon Sabha unsuccessfully before the Court of the Additional Collector. Consequent to the dismissal of that claim, the rights of Kailash Chand Jain over the plot in question came to be perfected. The original land holder is thereafter stated to have died in August 1996. The name of his son came to be mutated in the revenue records on 30/9/1996.

(3.) The son of the original land holder is ultimately stated to have executed an Agreement to Sell in favour of the petitioners and it is in connection with the aforesaid transaction that a No Objection Certificate (NOC) was sought from the respondents. The respondents, in terms of the communication which appears at P-10 of the paper book, have denied the grant of that NOC asserting that the provisions of Sec. 74(4) of the 1954 Act have been violated.