SURESH KUMAR JUNEJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of a bunch of four petitions* because common question of law and facts are involved. However, the facts are being referred from CWP No. 14404 of 2006. The petitioner in this petition filed under Article 226 of the Constitution has challenged Memo. No. STP(E)1891, dated 21.6.2006 (P -2), issued by the Director, Town and Country Planning, Haryana -respondent No. 2 making it mandatory to obtain 'No Objection Certificate' before registration of documents. Challenge has also been made to Section 7A of the Haryana Development and Regulation of Urban Areas Act, 1975 (for brevity, 'the Act') being ultra vires Section 17 and other provisions of the Registration Act. 1908 (for brevity, 'the Registration Act'). Still further a direction has been sought to the Tehsildar, Ballabgarh -respondent No. 4 to register the sale deed dated 28.8.2006 (P -1).

(2.) BRIEF facts of the case are that the petitioner entered into an agreement to sell in respect of land measuring 75 square yards, with one Shri Tarun Mehndiratta son of Shri G.D. Mehndiratta, resident of House No. 232, Sector 15, Tehsil and District Faridabad. It has been submitted that the petitioner is not only desirous to purchase the aforesaid land measuring 75 square yards but he is also interested to purchase land of about two -three acres in the same Tehsil and Village i.e. Mauja Ranhera, Tehsil Ballabgarh, District Faridabad. After purchasing stamp papers, he presented the sale deed dated 28.8.2006 (P -1) before the Tehsildar, Ballabgarh -respondent No. 4, who refused to register the same. He was informed that on 21.6.2006, the Director, Town and Country Planning, Haryana -respondent No. 2 issued instructions to the District Town Planner (Enforcement), Faridabad, stipulating that it is mandatory to obtain 'No Objection Certificate' and present the same at the time of registration of documents. In fact, the Chief Minister, Haryana, held a meeting with the Deputy Commissioners/ Superintendents of Police on 12.2.2006 and it was decided that 'No Objection Certificate' be made mandatory at the time of registration of sale of lands in 'urban areas' as defined/notified under the Act so as to prevent unauthorised colonisation at the initial stage. In pursuance of the said decision, the Financial Commissioner and Principal Secretary to Government Haryana, Department of Revenue and Disaster Management, also issued a letter dated 28.4.2006, containing Point No. 5(iii) of the minutes of the said meeting, which reads thus:

(3.) THE petitioner has placed on record a circular dated 28.7.2005 (P -3), issued under Section 2(o) of the Act, declaring certain villages in Tehsil Ballabgarh as 'urban areas', which also include village Ranhera.