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The Delhi Lands (Restrictions on Transfer) Act, 1972

Year of Passage: 1972 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the Delhi Lands(Restrictions on Transfer) Act, 1972. (2) It extends to the whole of the Union territory of Delhi. (3) It shall come into force at once.

Section 2 Definitions.

In this Act, unless the context otherwise requires, (a) "Administrator" means the administrator of the Union territory of Delhi appointed by thePresident under article 239 of the Constitution; (b) "competent authority" means any person or authority authorised by the Administrator, bynotification in the Official Gazette, to perform the functions of the competent authority under this Actfor such areas as may be specified in the notification; (c) "Development Act" means the Delhi Development Act, 1957 (61 of 1957); (d) "prescribed" means prescribed by rules made under this Act; (e) "Scheme" means the scheme of acquisition of land for the planned development of Delhi andincludes any scheme, project or work to be implemented in pursuance of the provisions of the DelhiMaster Plan as approved by the Central Government under sub-section (2) of section 9 of theDevelopment Act.

Section 3 Prohibition on transfer of lands acquired by Central Government.

No person shall purport totransfer by sale, mortgage, gift, lease or otherwise any land or part thereof situated in the Unionterritory of Delhi, which has been acquired by the Central Government under the Land AcquisitionAct, 1984 (1 of 1984), or under any other law providing for acquisition of land for a public purpose.

Section 4 Regulation on transfer of lands in relation to which acquisition proceedings have been initiated.

No person shall, except with the previous permission in writing of the competent authority,transfer or purport to transfer by sale, mortgage, gift, lease or otherwise any land or part thereof situatedin the Union territory of Delhi, which is proposed to be acquired in connection with the Scheme and inrelation to which a declaration to the effect that such land or part thereof is needed for a publicpurpose having been made by the Central Government under section 6 of the Land AcquisitionAct, 1894 (1 of 1894), the Central Government has not withdrawn from the acquisition under section 48of that Act.

Section 5 Application for grant of permission for transfer under section 4.

(1) Any person desiring totransfer any land referred to in section 4 by sale, mortgage, gift, lease or otherwise may make anapplication in writing to the competent authority containing such particulars as may be prescribed. (2) On receipt of an application under sub-section (1), the competent authority shall, after makingsuch inquiries as it deems fit, may, by order in writing, grant or refuse to grant the permission applied for. (3) The competent authority shall not refuse to grant the permission applied for under this sectionexcept on one or more of the following grounds, namely:-- (i) that the land is needed or is likely to be needed for the effective implementation of theScheme; (ii) that the land is needed or is likely to be needed for securing the objects of the DelhiDevelopment Authority referred to in section 6 of the Development Act; (iii) that the land is needed or is likely to be needed for any development within the meaning ofclause (d) of section 2 of the Development Act or for such things as public buildings and other publicworks and utilities, roads, housing, recreation, industry, business, markets, schools and othereducational institutions, hospitals and public open spaces and other categories of public uses. (4) Where the competent authority refuses to grant the permission applied for, it shall record inwriting the reasons for doing so and a copy of the same shall be communicated to the applicant. (5) Where within a period of thirty days of the date of receipt of an application under this section thecompetent authority does not refuse to grant the permission applied for or does not communicate therefusal to the applicant, the competent authority shall be deemed to have granted the permission appliedfor.
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