NAGAR PALIKA PARISHAD Vs. COMMISSIONER MORADABAD DIVISION

JUDGEMENT

(1.) Nagar Palika Parishad, Amroha has filed this petition for quashing the order dated 15th September, 2007 by which the Commissioner, Moradabad Division, Moradabad (hereinafter referred to as the 'Commissioner') has allowed the appeal filed by Respondent No. 4-M/s Mohd. Siddiqi & Sons (hereinafter referred to as the 'Dealer') for setting aside the order dated 11th February, 2003/12th March, 2003 passed by the District Magistrate for cancellation of the 'No Objection Certificate' earlier granted to the Dealer to run the retail outlet from Mohalla Batwal, Bijnor Road, Amroha and for cancellation of the licence granted to it.

(2.) It is the case of the Petitioner that in khasra plot No. 3798 which is recorded as "Sadak Pukhta" in the revenue records, a retail outlet was illegally constructed by the Dealer by encroaching the Government land and when steps were taken for closing the retail outlet, the Dealer filed Original Suit No. 668 of 1995 in the Court of Civil Judge (Junior Division), Amroha for restraining the Defendants from taking possession. Subsequently, the Dealer also filed Original Suit No. 388 of 1996 for restraining the Nagar Palika Parishad from demolishing the wall of the retail outlet. The Petitioner, by its letter dated 2nd June, 1997, however, informed the Commissioner that the Dealer had illegally taken possession of the Government land and had encroached it by raising the retail outlet which was causing severe watter logging problems in the area. The Commissioner directed the District Magistrate to enquire into the matter so that action could be taken against persons, if they had encroached Government land. The District Magistrate, in turn, directed the Additional District Magistrate to hold an enquiry. A detailed enqury was got done by the Additional District Magistrate through the Naib Tahsildar who submitted a report after examining the revenue records and after carrying out the inspection of the area. The report points out that the Dealer had illegally encroached khasra plot No. 3978 which was recorded in the revenue records as Government land. On the basis of the aforesaid report and other documents on record, the Additional District Magistrate concluded that the Dealer had illegally encroached Government land and, therefore, made recommendation for not only taking action against the Dealer but also the official who had earlier made recommendation for grant of 'No Objection Certificate'. On the basis of the aforesaid report submitted by the Additional District Magistrate, the retail outlet was sealed and later on was demolished. The Dealer filed Writ Petition No. 31293 of 1997 against this order in which initially an interim order was granted but the petition was dismissed in default on 22nd May, 2000. The Dealer filed a restoration application and though the petition was restored to its original number but it was dismissed on 11th December, 2002 as having become infructuous.

(3.) In the meantime, the application submitted by the Dealer for renewal of the licence of the retail outlet was rejected by the order dated 10th September, 1996 and the appeal filed by the Dealer before the District Magistrate was also rejected by the order dated 13th April, 2000. These two orders dated 10th September, 1996 and 13th April, 2000 was assailed by the Dealer in Writ Petition No. 3485 of 2000.