Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2008 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (7) TMI 944 - SC - Indian LawsWhether in view of the provisions of Delhi Lands (Restrictions and Transfer) Act, 1972 (for short "Delhi Lands Act"), read with the provisions of the Land Acquisition Act, 1894 (for short "Land Acquisition Act") transfer of land made by the original owner by registering a sale deed on the basis of which mutation was also granted would and could be accepted as legal and valid transfer despite the fact that such land was acquired by the State Government under the provisions of the Land Acquisition Act for the public purpose? Held that:- In the present case the registering officer appears to have registered the sale deeds illegally and without jurisdiction, as in our considered opinion, none of the pre-requisite conditions laid down under Sections 4, 5 and 8 of the Act, which are required to be strictly complied with for obtaining permission to sell or transfer and also for registering the said documents was complied with, as is required to be done. The transfers made in favour of the appellants by the original land holders by execution of the sale deed, therefor are illegal and without jurisdiction. We have no hesitation in our mind in holding that no title could be conveyed or could pass to the appellants on the basis of such transfer and also that consequential mutation in favour of the appellants for the above reasons is found and held to be without jurisdiction. There was no valid transfer in favour of the appellants and, therefore, there is no question of issuing any direction to the respondents to allot any alternative land to the appellants. So far as the prayer for granting liberty to the appellants to make an application under Sections 4 and 5 of the Delhi Lands Act is concerned, we do not make any observation thereto except for saying that if a statutory remedy is provided for to a person, he is always entitled to take recourse to such remedy in accordance with law. Appeal dismissed.
|