Smt. Manju Jain And ANR. v. Govt. Of NCT Delhi And ORS.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3860/2019 SMT. MANJU JAIN AND ANR.

..... Petitioners Through:

Mr M Qayam-Ud-Din, Mr Satyavan Kundalwal and Mr Aditya. Advocates.

versus GOVT. OF NCT DELHI AND ORS.

..... Respondents Through:

Ms Anjum Javed, ASC for GNCTD with Mr Devendra Kumar and Mr Faran Ahmed, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.04.2019 CM APPL. 17561/2019 & 17560/2019 1.

Allowed, subject to all just exceptions.

2.

The applications are disposed of.

W.P.(C) 3860/2019 3.

The petitioners have filed the present petition being aggrieved by the delay in registration of the Sale Deed and Power of Attorney, which was presented to the Registering Authority on 25.02.2019. It is the petitioner's case that the same has been held up for want of permission under Section 4 of the Delhi Lands (Restriction of Transfer) Act, 1972, which is not permissible. The petitioner contends that since a no objection certificate (NOC) was not granted within a period of 30 days, it is deemed to have been granted and, therefore, the Registering Authority is required to proceed with the registration of the documents in question.

4.

This Court is of the view that the Registering Authority cannot withhold the registration of the documents indefinitely and it is either required to register the same or to reject the request for registration. In such a case, this Court is also of the view that the Registering Authority must also indicate the reasons for doing so.

5.

In view of the above, the petition is disposed of by directing respondent no.3 to take immediate steps for taking an appropriate decision; respondent no.3 may either register the documents in question within a period of two weeks from today or pass a speaking order indicating the reasons for declining to do so. 6.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J APRIL 12, 2019 RK