DARSHANA GUPTA Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THIS intra-court appeal impugns the order dated 19.11.2012 of thelearned Single Judge refusing to entertain W.P.(C) No.7215/2012 preferred by the appellant and relegating the appellant to the statutory remedy of appeal. The said writ petition was filed by the appellant impugning the order dated 12.11.2012 of refusal of 'No Objection Certificate / Permission' for transfer of land, admeasuring 1058 sq. yds. out of Khasra No.142/778 situated in the extended Lal Dora of village Kanjhawala, Delhi, applied for under Section 5 of the Delhi Lands (Restrictions on Transfer) Act, 1972. The learned Single Judge in the impugned judgment held that since Section 6 of the Act provides for the remedy of appeal against an order under Section 5 of the Act, the writ petition was not maintainable.

(2.) THE counsel for the respondent appears on advance notice and we have with consent heard the counsels finally on the appeal.

(3.) ON the contrary, counsel for the respondent has opposed the locus of the appellants to challenge the order. It is contended that the appellants are merely the prospective purchasers and the transferors who had sought permission and to whom permission to transfer has been denied have not chosen to challenge the order.