AFZAL FRIESE Vs. UOI

JUDGEMENT

(1.) All these proceedings under Article 226 of the Constitution raise somewhat similar and interlinked issues for resolution. The question pertains to a no- objection certificate and property rights in respect of Plot No. 44, Amrita Sher Gill Marg (Ratendon Road). This property was originally a 6800 square yards plot. In due course of time, it apparently got divided into two plots in equal proportions admeasuring 3400 square yards each.

(2.) The petitioner in W.P.(C) 1219/2005, (respondent No.9 in W.P.(C) 10969- 981/2004) M/s. Shanti Apparels Manufacturing (P) Ltd., is in possession of one part of the said 3400 square yards plot. The other petitioners are residents of the building, which was constructed upon in the other part, it consists 18 flats. All the said flat owners are parties in these proceedings and are represented by counsel.

(3.) It is undisputed that on 24.11.1973, the Land and Development Officer (LandDO) issued a re-entry order in respect of the entire plot (N0.44).