Court Directs Assam Authorities to Comply with Statutory Timelines for Issuance of No Objection Certificates
In a significant ruling, the Gauhati High Court has directed the authorities in Assam to expedite the processing of pending applications for No Objection Certificates (NOCs) required for the transfer of immovable property. The judgment, delivered by Justice Manish Choudhury, responds to a writ petition filed by Kartik Rabidas and others, who had been awaiting the issuance of an NOC for over five months.
The petitioners had initially applied for the NOC on February 11, 2026, under Section 21A of the Registration Act, 1908, as amended by the Assam Amendment Acts of 2009 and 2021. The lack of completion of official survey operations in the concerned area necessitated the application to be submitted offline. Despite the acknowledgment of their application, the NOC had not been issued within the statutory period, prompting the petitioners to seek judicial intervention.
The court emphasized the statutory requirement under Section 21A, which mandates the Deputy Commissioner to issue an NOC or provide a speaking order with reasons within thirty days of receiving an application. The judgment highlighted the procedural guidelines set out in the Standard Operating Procedure (SOP) notified by the Assam government in September 2025. This SOP outlines a comprehensive process involving verification by Circle Officers, examination by Nodal Officers, and reports from the Special Branch of Assam Police to ensure the legitimacy and security of land transfers.
Justice Choudhury ordered the respondent authorities to conclude the NOC issuance process within thirty days from the submission of a certified copy of the court order. The court instructed that any deficiencies in the application must be communicated to the petitioners within fifteen days, and the thirty-day period would be recalculated from the date of addressing these deficiencies.
This ruling underscores the court's insistence on adherence to statutory timelines and procedural fairness in the issuance of NOCs, ensuring that applicants are not subjected to undue delays. The decision is expected to streamline the process of land transfers and enhance transparency and accountability within the administrative framework.
Bottom line:-
Under Section 21A of the Registration Act, 1908 (as amended by the Registration [Assam] Amendment Act, 2009 and 2021), a No Objection Certificate (NOC) for transfer of immovable property must either be issued or a speaking order with reasons must be provided within thirty days of application submission.
Statutory provision(s): Section 21A of the Registration Act, 1908
Kartik Rabidas v. State of Assam, (Gauhati) : Law Finder Doc id # 2949304
