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Judgment
Heard Mr. R. Mazumdar, learned counsel for the petitioners; Mr. A. Bhattacharya, learned Standing Counsel, Revenue and Disaster Management Department, Government of Assam for the respondent nos. 1 & 5; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 2, 3 & 4.
The petitioners, four in nos., have joined together to prefer the present writ petition under Article 226 of the Constitution of India stating that they have a common cause of action to espouse.
The petitioner no. 2 and the petitioner no. 3 are daughters of the petitioner no. 1 and it is their case that they are owners of two plots of land measuring - [i] 2 Kathas 11 Chatak, covered by Dag no. 455 under Patta no. 111; and [ii] 2 Kathas 5 Chatak, covered by Dag no. 456 under Patta no. 168 – at Pargana – Barakpar, Mouza – Ambikapur Part-X, District – Cachar, Assam [‘the subject-plots’, for short]. It is stated that the petitioner nos. 1, 2 & 3 had entered into an Agreement for sale of the subject-plots with the petitioner no. 4 on 26.03.2025. As it is a mandate under Section 21A of the Registration Act, 1908, as amended by the Assam Amendments, to apply for and obtain a No Objection Certificate [NOC] from the jurisdictional District Commissioner, the petitioner nos. 1, 2 & 3 submitted an Application for land sale permission on 11.06.2025 before the respondent no. 2. It is stated that the receipt of the said Application was duly acknowledged by the Office of the respondent no. 2. As despite elapse of about one year the application submitted for issuance of NOC was not brought to any finality, the petitioners submitted a Representation before the respondent no. 2 on 12.06.2026. The petitioners have stated that as neither the Application for NOC has been brought to any finality nor any response is received in response to the Representation dated 12.06.2026, the petitioners are constrained to approach this Court by the instant writ petition seeking a direction to the respondent authorities, more particularly, the respondent no. 2 to process the Application dated 11.06.2025 and to issue the NOC.
Mr. Bhattacharya, learned Standing Counsel, Revenue and Disaster Management Department and Mr. Sarma, learned Additional Senior Government Advocate have submitted that the application submitted by the petitioners are required to be processed in terms of the provisions of Section 21A of the Registration Act, 1908, as amended, and a Notification dated 09.09.2025.
On a query made by this Court, the learned counsel appearing for the State respondents have submitted that in the district of Cachar, an application for such notified public service can be submitted physically.
The Registration Act, 1908 came to be amended by the Registration [Assam Amendment] Act, 2009 with the insertion of Section 21A and again by the Registration [Assam Amendment] Act, 2021. After those amendments, Section 21A of the Registration Act, 2009 reads as under :-
21A. No registration of non-testamentary instruments with no objection certificate.
Notwithstanding anything contained in any other provision of this Act, no non testamentary instrument relating to immovable property. except for house, flat, residential apartment, commercial building or any construction or structure erected on a plot of land, shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificates, which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order etc. issued by the State Government from time to time;
Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objection Certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period.
It is a statutory mandate under Section 21A of the Registration Act for the jurisdictional Deputy Commissioner to either issue a No Objection Certificate [NOC] containing the description of the immovable property to be transferred or to pass a speaking order with reasons thereof within a period of thirty days from the date of receipt of the application in case NOC is not issued within the prescribed period of thirty days.
The Revenue and Disaster Management Department, Government of Assam has framed a Standard Operating Procedure [SOP] and the SOP has been notified vide a Notification dated 09.09.2025. The relevant excerpts from the Notification are quoted hereinunder :-
Now therefore, the Governor of Assam is pleased to notify the following SOP for grant of No Objection Certificate [NOC] by the District Commissioner for Registration of Transfer of Land [Land Sale, Lease Gift etc.] under Section 21A of Registration Act, 1908 in cases where the buyers and sellers belong to different religious communities, as outlined below :-
1.An application for grant of NOC for Transfer of land shall be made by the applicant through SEWA SETU portal, to the office of the District Commissioner under whose jurisdiction the land is situated, with details on the reasons for sale and the value of transaction.
2.District Commissioner shall collect a report from the concerned Circle Officer on the veracity of the details submitted by the applicant.
3.District Commissioner, upon receipt of the report from Circle Officer shall forward the application to the Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department for examination of the comprehensive report.
4.The Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department will further seek a report from Special Branch [SB], Assam Police HQ, on the following points.
a. Whether such transfer of land could be under undue threat, coercion or fraudulent means.
b. Whether such transfer of land has the propensity to disturb peace and communal harmony in the area of proposed Land Transfer.
c. Whether such land transfer could pose a threat to national security. d. Character & Antecedent report of buyer and seller.
5.Upon receipt of the report from Special Branch, the Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department shall forward the same to the District Commissioner concerned.
6.Subsequent to the receipt of the report of the Special Branch from the Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department, District Commissioner will take a decision to either call for further queries from the applicants, reject the proposal or issue NOC for such Land Transfer.
7.In the event that an application is not disposed within 30 days from the date of application, the District Commissioner will issue speaking order with reasons thereof to the applicant within the said stipulated period as per the provisions of Section 21A.
Both under Section 21A of the Registration Act, as amended, as well as in the SOP formulated by the State Government, by the Notification dated 09.09.2025, time period of thirty days from the date of application for processing of the application for issuance of the No Objection Certificate [NOC] has been prescribed.
The Assam Right to Public Services [ARPTS] Act, 2012 has been enacted by the Assam Legislative Assembly in order to provide for delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto. As per Section 2[h], 'Right to Public Service' means right to obtain the notified service under the ARTPS Act from time to time within the stipulated time limit as prescribed under Section 5. Section 5 of the ARTPS Act has laid down that every eligible person shall have the right to obtain the services in accordance with the ARTPS Act within the time bound period as notified under Section 4. It is the responsibility of the Designated Government Servant to deliver services, under Section 6 of the ARTPS Act, within the stipulated period. The stipulated time limit, as per Section 7[1], starts from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person subordinate to him authorized to receive the application. As per Section 7[2], the Designated Public Servant on receipt of an application under sub-section [1] shall, within the stipulated time limit, provide the notified service or reject the application and in case of rejection of application, he shall record the reasons in writing and communicate to the person making the application, [i] the reasons for such rejection; [ii] the period within which an appeal against such rejection may be preferred; and [iii] the particulars of the Appellate Authority. An Order passed under Section 7[2] is an appealable order under Section 8 before the 1st Appellate Authority notified by the State Government.
By speaking order, it is understood to be an order which expressly states the reasons for the decision. In other words, a speaking order speaks for itself by assigning the reasons behind the conclusion. It is implicit in the principles of natural justice and fair play that an authority which has been vested with the statutory power to decide the matter should record reasons as it is part of fair procedure, more particularly, when the decision is likely to affect the person concerned. In the case in hand, the right of the applicants-petitioners is also traceable to Article 300A of the Constitution. Though the right provided in Article 300A is not fundamental right, but it is still a constitutional and human right.
As the respondent authorities have not brought the processing of the Application dated 11.06.2025 to a finality till date, despite elapse of more than one year since 11.06.2025, this writ petition is disposed of directing the jurisdictional District Commissioner, Cachar [the respondent no. 2] to bring the entire process to finality in strict compliance of the statutory prescriptions contained in Section 21A of the Registration Act, as amended, and by adhering to the procedure outlined in the Notification dated 09.09.2025 within a period of thirty days from the date of submission of a copy of this order at his office by the petitioners.
With the observations made and the directions given above, the writ petition is disposed of. There shall, however, be no order as to cost.