- (1.) THE petitioners have challenged the letter/circular of the Dis trict Magistrate Varanasi dated 12. 3. 2008 issuing a direction to the Sub-Regis trar, Varanasi not to register the sale-deed in respect of any property unless no objection certificate is obtained from the Varanasi Development Authority. It ap pears from the letter/circular of the District Magistrate that the purpose of the circular is to restrict sale of unauthorised constructions.
(2.) COUNSEL for the petitioners submits that the letter dated 12. 3. 2008 is wholly arbitrary and against the right of the petitioners to dispose of property. The insis tence of obtaining a no objection from the Development Authority gives into the hands of the officers of the Development Authority an uncontrolled power to cre ate hurdles in the sale of the property. COUNSEL for the Development Authority submitted that the constructions in question are illegal and a no objection certifi cate for the purpose of preventing sale of such unauthorized constructions is being required by the letter. We have perused the impugned order. It purports to have been issued in exercise of powers under Section 14 of the Urban Planning & Development Act, 1973 (hereinafter referred to as the Act ). Section 14 of the Act relates to develop ment of land in the development area. Sub-section (2) of Section 14 provides that no development shall be undertaken or carried out or continued in any develop ment area unless such development is in accordance with the plans. Sub-section (3) of Section 14 relates to development of land by any department of State or the Central Government or any local authority. The consequences of raising an unauthorised construction are envisaged in the Act. Such construction can be demolished. But no provision has been brought to our notice where under a sale of an unauthorized construction is prohibited. It is difficult to accept the contention of the Standing Counsel, that the District Magistrate by means of letter or circular can in exercise of power under Section 14 of the Act require a no objection certifi cate to be obtained from the Development Authority so that unauthorized con structions are not sold. Moreover even it is accepted that a restriction or regula tion on the sale of unauthorized construction in a development area is in further ance of the provisions of Section 14 such restriction or regulation can be done only by Statute and not by letter/circular of the District Magistrate. If unscrupulous sellers are playing fraud upon gullible buyers by conceal ing the fact that the constructions are unauthorized and the object is to prevent that the respondents may find out other methods to prevent it. But the letter/circular impugned oversteps that objective. If the purpose of requiring a no objec tion certificate is to create a restriction on transfer of unauthorized constructions in the development area, such restriction cannot be imposed by means of a mere letter/circular issued by the District Magistrate.
(3.) IN the result the writ petition is allowed. The letter of the District Magis trate, Varanasi dated 12. 3. 2008 is quashed. .;