PIL 13/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR.JASTI CHELAMESWAR THE HON’BLE MR. JUSTICE HRISHIKESH ROY Hrishikesh Roy, J. Heard Mr. T.C. Khatri, learned senior counsel appearing for the petitioner. Also heard Ms. B. Goyal, learned Government Advocate appearing for t he respondents. 2. This petition styled as a Public Interest Litigation (PIL) has b een filed to challenge the requirement of production of No Objection Certificat e from Deputy Commissioner/Sub-Divisional Officers and from the Development Aut horities under the Town and Country Planning Act, before the registering authori ty as a pre-condition for registration of documents such as sale deeds, required to be registered under the provisions of the Registration Act, 1908, hereinafte r referred to as the Registration Act . It is contended that in so far as regis tration of documents are concerned, the same are to be dealt with under the prov isions 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 aforenot ed authorities. 3. It is contended by Mr. T.C. Khatri, the learned counsel for the petitioner that Registrar/Sub-Registrar under the Registration Act functions as a statutory authority and are obliged to act in accordance with the requirement of the Registration Act. Therefore, Executive Instructions issued by the Governm ent of Assam compelling such Registering Authorities to insists on furnishing of No Objection Certificate prior to registration of sale deeds for immovable prop erties, is contrary to law and such insistence is not in consonance with the req uirements of the Registration Act. The learned counsel has referred to the communication dated 29.7 .2004 issued by the Inspector General of Registration, Assam (Annexure-A) to the Commissioner and Secretary to the Government of Assam, Revenue (Registration) D epartment, Dispur, Guwahati, wherein it is reflected that refusal to register a sale deed can be made only under the provisions laid down under the Registration Act and the requirement insisted through Executive Instructions for obtaining o f No Objection Certificate from various revenue authorities cannot override the provisions of the Registration Act. Accordingly, it is reflected in the said com munication dated 29.7.2004 that the D.C’s/S.D.O.’s are compelling the registrati on authorities to act against the provisions of law. 4. Ms. B. Goyal, learned Government Advocate appearing for the offi cial Respondents submits that the Government of Assam has issued instructions pl acing restriction on Registration of documents pertaining to transfer of immovab le properties, without a No Objection Certificate from the revenue authorities o f the District or the Sub-Divisions to prevent, inter alia, transfer of agricult ural land to non-farmers; to restrict a foreign national from acquiring landed p roperty; to check benami transfer of immovable properties. The learned counsel a lso contends that the Assam Government is contemplating amendment of the provisi ons of the Registration Act to regularize the Government Policies already introd uced by the Assam Government requiring obtaining of the aforesaid No Objection C ertificate. It is further contended that the Government of Assam has not issued any instructions requiring a No Objection Certificate from the development autho rity constituted under the Town and Country Planning Act for registering of any Registration Deeds by the Registering Authorities. The learned Government Advocate referred to the provisions of Se ction 84(2) of the Indian Registration Act to show that insistence on No Objecti on Certificate is in consonance with the provisions of law which require every p erson to furnish information to the registering authority when required. 5. Section 17 of the Registration Act indicates the documents which are required to be compulsorily registered. Sale deeds of immovable properties are compulsorily registerable documents. A Registering Authority under Section 71(1) of the Registration Act while refusing to register a particular document is required to record reaso ns for refusing to register a particular document. An appeal under Section 72 is provided to the Registrar from an order of refusal to register a document by the Sub-Registrar. 6. On close examination of the provisions as indicated aforesaid an d other provisions of the Registration Act, we do not find anything which provid es for obtaining of a No Objection Certificate from the revenue authorities prio r to registration of a Sale Deed by the Registering authority. 7. The learned counsel appearing for the petitioner has referred to the decision in J.D. Pathak, Petitioner -Vs.- V.B. Barot and another, Responden ts, reported in AIR 1982 Gujrat 317 to contend that once the requirement of the Act is fulfilled, the Registering authority is to register a document or pass an order refusing registration by recording reasons. The decision reported in (i) Kailash and others, Vs.- Sub-Regist rar of Assurances, Indore and another, reported in AIR 1985 Madhya Pradesh 12 a nd (ii) Bihar Deed Writers Association and others -Vs.- State of Bihar and other s, reported in AIR 1989 Patna 144, have been cited to submit that when the requi rement of the Registration Act are fulfilled and a document is presented for reg istration, the same has to be registered and instructions or directions issued b y the Government having no foundation in law, cannot be taken into account by th e registering authority to refuse registration. The Supreme Court decision in State of Rajasthan and others -Vs. - Basant Nahata appearing in (2005) 12 SCC 77 has also been cited on behalf of t he petitioner to show that in the absence of any substantive provision contained in the Registration Act, (in the context of power of attorney given by the titl e holder of the land) interdicting a title holder of immovable property to deal with his property, is opposed to one’s right of property as envisaged under Arti cle 300-A of the Constitution. 8. By citing the aforesaid decisions, the learned counsel for the p etitioner contends that the Executive Instructions issued by the Government of A ssam which are not supported by the provisions of the Registration Act, cannot b e made the basis to insist on obtaining of No Objection Certificate prior to reg istration of sale documents by the registering authority under the Registration Act. 9. It appears from the provisions of the Act as well as the submiss ions made that the requirement of obtaining a No Objection Certificate prior to the registration of sale deed, is not in consonance with the provisions of the R egistration Act. The said requirement has been introduced by the Government of A ssam through executive instructions and it is specifically averred in the counte r affidavit filed on behalf of the State that necessary amendments in the Regist ration Act are being contemplated, to take care of the requirement of obtaining of No Objection Certificate, which is being insisted upon in larger public inter est. 10. From above, it is apparent that the State Government is also awa re that the impugned requirement is not supported by the Registration Act and th e Government is presently contemplating amendment exercise in the Registration A ct, to ensure statutory support for the already enforced requirement. Therefore, it is obvious that as on date, the said statutory support is not available. 11. Under such circumstances, we hold that such insistence on obtain ing of No Objection Certificate prior to registration of sale deeds is not legal ly sustainable. Accordingly, it is declared that the Registering Authorities und er the Registration Act cannot be compelled to insist on No Objection Certificat es prior to registration of sale deeds since such insistence is contrary to the provisions of the Registration Act. Once a particular deed fulfills the requirem ent of the provisions of the Registration Act, further impediment cannot be impo sed on registration of such deeds though executive fiat by insistence on No Obje ction Certificates. 12. In view of above, this petition stands allowed and the responden t authorities are directed to act strictly in terms of the provisions of the Reg istration Act with regard to registration of deeds and documents. No registratio n is to be refused for documents which fulfill the requirements of the Registrat ion Act by further insisting on No Objection Certificates, without necessary ame ndment of the law to lend legal support for such additional requirement. No cost s.