GUWAHATI, India, Dec. 25 -- Gauhati High Court issued the following order on Nov. 25:
1. Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. N. J. Khataniar, the learned counsel appearing on behalf of the Petitioners and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Revenue and Disaster Management Department. I have also heard Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the District Administration and Mr. K. P. Pathak, the learned Standing counsel appearing on behalf of the Forest Department.
2. The present writ petition has been filed by the Petitioners assailing the inactions on the part of the Respondent Authorities in not issuing the NOC/Permission for registration of the Lease Deed in respect to a plot of land admeasuring 7 Bigha 0 Katha 0 Lecha covered by Dag No.322 and P.P. No.98 of Ranga De-Reserve under Bihpuria Revenue Circle and further seeking a writ in the nature of mandamus directing the District Commissioner, Lakhimpur to issue NOC/permission in favour of the Petitioners and the landowner for registration of lease deed.
3. The materials on record reveal that the Petitioners in order to install Stone Crusher Unit applied for permission by submitting required documents under the Assam Stone Crusher Establishment and Regulation Rules, 2013 (for short 'the Rules of 2013'). As it is the mandate of the Rules of 2013 that a Stone Crusher Unit shall be established on a land owned by the promoter or on such land taken on lease or agreement for at least 10 years by the promoter, the Petitioners entered into an agreement with one Shri Gopal Das who is the owner and possessor of a plot of land admeasuring 7 Bighas covered by Periodic Patta No.98 pertaining to Dag No.322 situated at Ranga De-Reserve Revenue Village Map under Laluk Mouza on 09.10.2017. The said lease was for a period of 30 years. However, in view of Sections 17 and 49 of the Registration Act, 1908 read with Section 107 of the Transfer of Property Act, 1882, the lease deed which is required to be entered into in respect to the said land has to be a registered document. Under such circumstances, the lessor of the Petitioners had submitted an application on 11.02.2023 for obtaining the permission in terms with Section 21A of the Registration Act, 1908 insofar as the same is applicable to the State of Assam. The said permission was not granted in spite of various correspondences for which the Petitioners have approached this Court by filing the present writ petition.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x10Kf1Y00voyWMhGEhjwPtLrMRAwYrIRm1kJZzpqrUrK&caseno=WP(C)/4548/2025&cCode=1&cino=GAHC010178372025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
