KIKKI FARMS PRIVATE LIMITED Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) This bunch of ten writ petitions under Article 226 of the Constitution of India have been filed praying that a mandamus be issued directing respondent 110.3 to register the document in favour of the petitioners in respect of the land purchased by them by way of sale deed.

(2.) The respondents had refused to register the sale deed on the ground; i) that No Objection Certificate was not obtained by the petitioners under the provisions of Delhi Land (Restriction on Transfers) Act, 1972; and ii) that the Inspector General of Registration/Chief Controlling Revenue Authority had issued instructions to the Sub Registrar vide office order dated 19th March 1990 fixing the minimum rate of land at Rs.4.65 lacs per acre in respect of land which was not in the River Belt and since the consideration mentioned in the sale deed is less than Rs.4.65 lacs per acre the sale deed cannot be registered.

(3.) It was submitted by the learned counsel for the petitioners that this Court in CWP 1268 of 1989 decided on 28th July 1989 has held that No Objection Certificate is not required to be obtained when the land is not under acquisition and thus the insistence of the respondents for filing the No Objection Certificate is unwarranted. It was further subnutted that it was not open to the respondents to issue office instructions fixing the minimum rate of consideration as done vide office instructions issued by respondents 4 and 5 and non-registration of the sale deed on that ground is unjustified.