SEVEN CITY DEVELOPERS PVT. LTD. Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2013-11-7
HIGH COURT OF MEGHALAYA
Decided on November 12,2013

Seven City Developers Pvt. Ltd. Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) HEARD .
(2.) BY means of this writ petition, the petitioner has sought quashing of the order dated 19.11.2012 passed by the respondent No. 2 (Annexure XVII to the writ petition), whereby the petitioner in response to his letter dated 07.11.2012, has been informed that the transfer of the land sought by him from tribals, in his name, cannot be allowed in violation of Meghalaya Transfer Land (Regulation) Act, 2010. Briefly stated the petitioner has entered into an agreement with certain tribals for purchase of the land in village Umsohpai, Raid Marwet, Myliemship, Ri -Bhoi District of Meghalaya, measuring 4,71,99,174 sq meters. The petitioner a city developer, sought permission from the Government of Meghalaya vide Annexure 1 dated 07.04.2010 for transfer of the land.
(3.) SECTION 3(1) of Meghalaya Transfer of Land (Regulation) Act, 1971, requires that no land in Meghalaya shall be transferred by tribal to a non -tribal except with the previous sanction of the competent authority. Section 4(1) of said Act provides that in granting or refusing sanction order, circumstances mentioned in Clause (a) to (f) shall be taken into account. Sub -Section (3) of Section 4 of the Act provides that the competent authority has to decide the application within six months, and Sub -Section (4) of Section 4 provides that if no such order is passed by the competent authority within six months, it shall be deemed that sanction has been accorded. It is this provision under which the petitioner has taken shelter and prayed that the impugned order be quashed.;


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