Friday, February 1, 2013

No NOC needed for sale of freehold property: SC

In a setback to the UT Administration, the Supreme Court has dismissed its petition challenging the order of the Punjab and Haryana High Court, which had ruled that there was no requirement of a No Objection Certificate for selling or registering freehold property. The apex court upheld the orders of the High Court Wednesday.
In May 2012, the Punjab and Haryana High Court had passed an order stating that “the requirement of No Objection Certificate from Chandigarh Administration before effecting sale of free hold properties is not supported by Rules or Acts”.
The order was passed in a case filed by city resident Amritpal Singh. The petitioner had challenged the circular dated September 2, 2009, issued by the then UT Finance Secretary. The circular had read that “NOC will only be applied by the owner of the property as per the record of the Estate Office and the same will only be issued to him/ her”. The Administration contended that the demand for an NOC is a step to avoid and discourage any kind of irregular, illegal, fraudulent sale transactions.
After the decision of the High Court, the UT Administration decided to move Supreme Court against the order which has dismissed the petition on January 18. The order would come as a relief to the city residents who would not have to approach the UT Estate Office to get NOC when getting property registered or selling it.
UT Deputy Commissioner Mohammad Shayin stated that he had received a copy of the Supreme Court order and this was being examined.
The city residents welcomed the decision of the Supreme Court. General secretary of Chandigarh Social Welfare Council Satish Sharma said, “Administration was putting people through unnecessary inconvenience. Decisions here are taken on whims and fancies of officers. Rules are introduced and when new officers join they make their own rules. The order would come as a relief to the residents of the city.”

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