ABDUL AZIZ Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. T.C. Khatri, learned senior counsel appearing for the petitioner. Also heard Ms. B. Goyal, learned Government Advocate appearing for the respondents.

(2.) THIS petition styled as a Public Interest Litigation (PIL) has been filed to challenge the requirement of production of 'No Objection Certificate' from Deputy Commissioner/Sub -Divisional Officers and from the Development Authorities under the Town and Country Planning Act, before the registering authority as a pre -condition for registration of documents such as sale deeds, required to be registered under the provisions of the Registration Act, 1908, hereinafter referred to as the 'Registration Act'. It is contended that in so far as registration of documents are concerned, the same are to be dealt with under the provisions of the Registration Act and once the requirement of Registration Act are fulfilled, there could be no objection to registration of registerable documents on the ground of non -availability of No Objection Certificate from the aforenoted authorities.

(3.) MS . B. Goyal, learned Government Advocate appearing for the official Respondents submits that the Government of Assam has issued instructions placing restriction on Registration of documents pertaining to transfer of immovable properties, without a No Objection Certificate from the revenue authorities of the District or the Sub -Divisions to prevent, inter alia, transfer of agricultural land to non -farmers; to restrict a foreign national from acquiring landed property; to check benami transfer of immovable properties. The learned Counsel also contends that the Assam Government is contemplating amendment of the provisions of the Registration Act to regularize the Government Policies already introduced by the Assam Government requiring obtaining of the aforesaid No Objection Certificate. It is further contended that the Government of Assam has not issued any instructions requiring a No Objection Certificate from the development authority constituted under the Town and Country Planning Act for registering of any Registration Deeds by the Registering Authorities.