"Registration of immovable property" Gauhati High Court order to DCs

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court has directed the authorities concerned, particularly the Deputy Commissioners (DCs), to do the needful "regarding registration of immovable property" by issuing NOCs (no-objection certificates) within a month.

Saying that this falls in terms of the duty mandated under Section 21-A of the Registration (Assam Amendment) Act, 2009, the High Court disposed of the PIL in this case.

The bench has further said that "the Commissioner and Secretary to the Government of Assam Revenue (Registration) Department, Dispur, Sachivalaya, Guwahati will issue necessary instructions to all the Deputy Commissioners of Assam for compliance of this order".

This directive came from the High Court in connection of a PIL (18/2020) filed by Manoj Barman and four others seeking direction to implement the provisions of Section 21-A of the Registration (Assam Amendment) Act 2009.

Section 21-A of this Amendment Act reads as, "Notwithstanding anything contained in this in any other provision of this Act, no non testamentary instrument relating to immovable property shall be accepted for registration, unless the Deputy Commissioner of the district issues a 'No Objection Certificate' containing the description of such other immovable property to be transferred and also such other 'No Objection Certificate', which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, order etc., issued by the State Government from time to time; provided that all such 'No Objection Certificate' shall be issued within a period of 30 days from the date of receipt of application and in case 'No Objection Certificate' is not issued within the stipulated period of 30 days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period".

Thus the order said that "a duty is cast upon the Deputy Commissioners to issue a 'No Objection Certificate' within a period of 30 days whenever so sought for and failing to do within the said period, to pass a speaking order for refusing to do so".

The contention of the petitioner is that "this mandatory provision of law has not been carried out by the Deputy Commissioners causing immense hardship to the litigants".

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