SEVEN CITY DEVELOPERS PVT. LTD. Vs. STATE OF MEGHALAYA

JUDGEMENT

(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.

(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.