SEVEN CITY DEVELOPERS PVT. LTD. Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
Seven City Developers Pvt. Ltd.
STATE OF MEGHALAYA
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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
(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
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