PREETAM KAUR BEHL Vs. ADM

JUDGEMENT

(1.) This writ petition was filed in November, 1991 by the petitioner seeking the following reliefs :

(2.) The petitioner's case is that in respect of the aforementioned lands two sale deeds were executed in her favour by the two sellers sometime in 1991. Photocopies of the two incompletely dated sale deeds have been annexed as Annexure P-1 (collectively) to the writ petition. The petitioner on 14.1.1991 went to the Office of Sub-Registrar of Assurances-III, Asaf Ali Road, New Delhi (Respondent No.3 herein) to enquire about the formalities for getting the sale deeds registered and was informed that a 'No Objection Certificate' (NOC) had to be obtained under the provisions of the Delhi Lands (Restriction on Transfer) Act, 1972 (DLRT Act) from the office of the Additional District Judge (Land Acquisition), Respondent No.1 herein.

(3.) The petitioner claims that at this stage the lands in question were "free from all sorts of encumbrances including any notification of acquisition under Sections 4 and 6 of the Land Acquisition Act, 1894 ("LA Act") or any other law governing acquisition of lands" since the land acquisition proceedings initiated by the Union of India in respect of the lands in question was quashed by this Court by a judgment dated 18.11.1988 in W.P. (C) No. 1639 of 1985 [Balak Ram v. Union of India 1989 (37) DLT 150]. When the petitioner and the seller went to the office of Respondent no.3 on 25.4.1991 and submitted a declaration under Section 5 of the DLRT Act, the Respondent No.3 refused to accept the application for grant of NOC stating that no such application for NOC could be accepted where the consideration is less than Rs.4.65 lakhs per acre. Contending that this ground for refusal to issuance of the NOC was illegal and arbitrary, the petitioner filed this writ petition with the prayers as extracted hereinabove.