PREM PANDIT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in this petition filed under Article 226 of the Constitution, have sought direction against the respondents to accept for registration and then to register a sale deed executed by petitioner No.l in favour of petitioner No.2 with respect of 17 bighas 5 biswas of land comprised in Khasra No. 198(4-16), 205(4-16), 379 Min.(l-17), 380(4-16) situated in village Shahurpur, Tehsil Mehrauli. .

(2.) It is the petitioners' c,ase that on 17.3.1989petitionerno.l agreed to sell the aforesaid land for a consideration of Rs.21,50,000.00 in favour of petitioner .No.2 arid as per the terms of agreement entire sale consideration has since been paid by petitioner No.2 to petitioner No. 1. Petitioner No. 1 has also delivered peaceful and vacant possession of the land to petitioner No;2 and it is now petitioner No.2 who is in occupation of the land. Petitioners also applied to the Competent Authority under the Income Tax Act, 1961 for obtaining the necessary 'No Objection. Certificate' under Section 269 UL(3) which was granted on 12.7.1989. Necessary permission as required under Section 230 A (1) of the said Income Tax Act was also sought which was also granted by the concerned officer. After obtaining the necessary permissions, petitioners approached respondent No.4 for getting the sale deed registered which had been executed by petitioner No.l in favour of petitioner No.2 but respondent No.4 declined to accept the document for registration and/ or to register the same without a 'No Objection Certificate' under Section 4 of the Delhi Land (Restrictions on Transfer) Act, 1972 (hereinafter referred to as the Act). According to the petitioners, permission under the Act is not required for the reason that acquisition proceedings qua the property in question were quashed by this court in a writ petition filed by petitioner No.l, being C.W. 532/86, which was decided on 20.9-1990 following the decision in B.R. Gupta v. Union of India and others (1989 - 37 DLT 150). In view of the quashing of proceedings under the Land Acquisition Act, 1894, the provision of Sections 4 & 5 of the Act are no! applicable and for getting the sale deed registered, permission under the Act is not at all required.

(3.) Respondents have not filed any affidavit in reply. Rule, D.B. was issued on 16.3.1993 and the petition was ordered to be heard along with other connected matters.