An Assam government notification to keep in abeyance the issuance of a no objection certificate (NOC) for the sale of land “where buyer and seller belong to different religions” for three months from March 7 is set to face judicial scrutiny.
H.R.A. Choudhury, a senior Gauhati High Court advocate and the Congress candidate for the Karimganj seat in next month’s general elections, told The Telegraph on Saturday that the notification would be challenged in the high court because it was an “illegal” order, “violative” of one’s fundamental rights and “completely” against the public interest.
“The notification will be challenged in the high court very soon. Some members of the public have already got down to prepare the draft petition. There cannot be a blanket ban on the issuance of the NOC. If there are intelligence reports, the administration should act on the reports instead of inconveniencing everyone,”
the senior lawyer said.
He added: “One has to go through several layers before a plot is sold. These can be checked at the initial stage itself, more so if there are intelligence inputs. If someone is indulging in any fraudulent or communal activities, please take lawful action against such persons and bring them to book.”
The March 7 notification signed by G.D. Tripathi, principal secretary of revenue and disaster management (registration) department, states that “it has come to the notice of the government from intelligence agencies that several cases of attempt of transfer of land by fraudulent means happening in some places of the state where land is being forced to transfer to some religious communities from some other religious communities and attempts are being made on part of vested interest to create conflict on communal lines, particularly in the run-up to the ensuing elections...”
Aminul Islam, AIUDF MLA and advocate, too said there should not have been a “sweeping” order to keep land sales in abeyance for three months. “The order is in violation of one’s civil rights and is against natural justice,” Islam said.
