AZIZU REHMAN KHAN Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-9-132
HIGH COURT OF UTTARAKHAND
Decided on September 03,2012

Azizu Rehman Khan Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the parties.
(2.) Present petition has been filed by the petitioner challenging the order dated 11.07.2006 and 04.04.2007 issued by the Nagar Palika Parishad, Roorkee, by which No Objection Certificate for petrol retail outlet has been denied to the petitioner on the ground that the land in question is a Nazul land.
(3.) Learned counsel for the petitioner submitted that the land in question is a Nazul land and the order passed by the Nagar Palika Parishad, Roorkee is contrary to the record. He referred to the sale deed dated 29.03.1898, which was executed in favour of James Henry Paul in pursuance to the decree passed in S.A. No.190/1895 by the High Court of Judicature for North Western Provincial of India. He submitted that on the basis of said sale deed, the petitioner is the owner of the property in question. He submitted that though, the respondent- state has come up with the case that the petitioner is not owner of the land and the land in dispute is a Nazul land, but in support of this contention, no documentary evidence has been filed by the State in their counter affidavit. He also referred the copy of the letter dated 11.04.1921 written by the Chairman, Muncipal Board, Roorkee to the Collector, Saharanpur, requesting him to send the copy of the entries in the settlement records of 1867 about the portion of Roorkee Civil Line, which is Nazul. In reply to the said letter, the Collector, Saharanpur informed the Chairman, Municipal Board, Roorkee that there was no entry of Nazul in the settlement Volume of 1867. Learned counsel for the petitioner referred resolution no.277 dated 03.07.1989, in which it was resolved that there was no Nazul land in Roorkee. He also referred the judgment passed by the Additional Civil Judge, Roorkee in Original Suit No.98 of 1985, in which the ownership of the petitioner was accepted. On the basis of these documents, the learned counsel for the petitioner submitted that the petitioner is the owner of the property in question. He further submitted that the Nagar Palika Parishad, Roorkee has adopted a pick and choose policy. In support of his submission, he submitted that in the matter of wife of the present Chariman, legal opinion of the District Government Counsel, Revenue, Haridwar was obtained on 24.02.2004, in which D.G.C. (Revenue) has written that the land is not a Nazul land and later on, on the basis of the legal opinion of the District Government Counsel, permission for making construction was granted to the wife of the present Chairman as well as to the Chairman.;


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