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Section 7 – The Delhi Land (Restrictions on Transfer) Act, 1972

The Delhi Land (Restrictions on Transfer) Act,1972

 

 

7. Period of operation of orders of refusal to grant permission to transfer land –

 

Where the competent authority has made any order under section 5 refusing to grant permission to transfer any land or where, an appeal having been filed against such order, the prescribed authority has made an order under section 6 confirming such order, then, the order refusing to grant permission to transfer such land shall be in operation only for a period of three years from the date of the order made by the competent authority or the prescribed authority, as the case may be, and thereafter, but subject to the provisions of section 3, it shall be lawful for the person who has applied for permission, or his successor-in-interest, to transfer such land by sale, mortgage gift, lease or otherwise.

 

Explanation – In computing the period of three years, under this section, in relation to any land, the period during which the acquisition proceedings in relation to such land have been stayed by any court shall be excluded.

 

COMMENTS:

Once an order refusing to grant permission to transfer any land is made under Section 5, firstly. Then an appeal under Section 6, the order is confirmed, secondly. Section 7 then deals with the third stage. It states that the final order under Section 6 shall be in operation only for a period of three years from its date of issue. After three years, subject to the provisions of Section 3 the person who has applied for permission shall have the claim to transfer land. OPC Jain v. ADM (LA) and others 42 (1990) DLT 478.

 

 

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The Delhi Land (Restrictions on Transfer) Act, 1972

 

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