THE DELHI LAND (RESTRICTIONS ON TRANSFER) ACT, 1972

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The Delhi Land (Restrictions on Transfer) Act, 1972 was enacted on December 13, 1954 for the purpose of inflicting some control on the assigning of land that are attained by the Government of India or with regard to the acquisition of land for public purpose by the Government in order to prevent unrestricted transactions of the expected assignments and also the land transfer to unwary public. The provisions of the enactment shall be applicable only to the Delhi Union Territory and came into effect on the same day of the enactment. According to the provisions of the enactment, Administrator is the administrator appointed for Delhi Union Territory by the hon’ble President of India as entrusted to him under Article 239 of the Indian Constitution. The Act restricts transfer by a person where such transfer had taken place by way of sale, gift, mortgage or any other means of the land that is located in Delhi that had been taken away by the Government as per the provisions of the Land Acquisition Act, 1984.

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The Act also provides that a person shall not transfer or intends to transfer in the form of sale, gift, mortgage etc that is placed in Delhi that is recommended to be acquired related with the strategy and with regard to which an assertion is essential for public good which is initiated by the Government of India as provided under Land Acquisition Act, 1984 without the prior sanction of the authority competent to give such permission. The person who intends to transfer the land as provided under the Act shall at first give an application which is in the written form to the authorized official with the details that are necessary. When such an application is received, the authority is empowered to conduct inquiry and shall either grant authorization or reject the application. The application can be rejected if the land is essential for the proper enforcement of the scheme, the land is required to fulfill the objective provided under the Delhi Development Authority Act and the land is wanted for the progression or to construct public building and other works essential for the public like roads, establishments, housing, schools and other educational institutions, recreation clubs, hospitals etc. When the application is rejected, the authority shall state the grounds for such rejection and shall be informed to the person making application.

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In addition, the Act provides for appeal to be initiated by a person who is aggrieved by the decision reached out by the competent authority. The appeal shall be filed within 30 days from the date of getting the order. The appeal shall contain essential details and should be submitted in the specified mode. The appeal shall be disposed by complying with the principles of natural justice. The decisions of the appellate authority shall be final and absolute. When the authority had issued an order as per the terms of the enactment that rejects the application to transfer the land and an appeal is being filed challenging the order, the authority had validated the order, then such order that rejects the authorization to assign the land shall be effective only for the term of three years. After that the person who made the application shall transfer the land and such transfer shall be deemed to be legal. The Act imposes control on the registration of documents regarding the assignment of land and the person making such transfer shall submit the authorized permission from the authority before the registering officer. Penalty is inflicted on person who acts against the provisions of the enactment. The Administrator is empowered under the Act to frame rules for the effective implementation of the terms of the legislation. The rules shall contain the details necessary for the application and the authority before whom appeal is to be filed. The rules so framed shall be laid before House of People and Council of States.