JEEVAN LATA Vs. UNION OF INDIA

JUDGEMENT

(1.) An industrial plot No.226, Phase I, Industrial Area, Chandigarh was originally allotted in the name of M/s. M.K.Wire Products. On February 3,1986 on an application filed by the aforesaid allottee, a no objection certificate' was issued by the Union Territory Administration permitting the transfer of a share in the aforesaid plot in favour of Surjit Singh, Jiwan Lata and Kanwar Kumar. Consequently, a registered sale deed was executed on March 13,1986. On April 7,2004, the present petitioner, Jeevan Lata applied for issuance of fresh 'no objection certificate' for transfer of her share in the plot in question to a 3rd person. She was communicated vide a communication dated May 17,2004, that the plot in question stood already resumed on November 11,1983 and,therefore, no transfer of the share of the petitioner could be permitted. The record of the case shows that the petitioner took up proceedings with the authorities for grant of 'No Objection Certificate' and also for the issuance of a copy of the alleged resumption order dated November 11,1983 but neither the copy of the resumption order was issued to her nor 'no objection certificate' was issued. Consequently, the petitioner has approached this court through the present petition.

(2.) In the written statement filed by the respondents, it has been maintained that the plot in question stood already resumed on November 11,1983 i.e. much prior to the issuance of 'No Objection Certificate' on February 13,1986. The respondents further maintained that the issuance of aforesaid 'No Objection Certificate' on February 13,1986 was on account of some mistake. The respondents have also stated that in their record there was no such resumption order dated November 11,1983 since the aforesaid file was missing. However, the respondents state that there were some entries in the relevant record with regard to order dated November 11,1983 whereby the plot in question stood resumed.

(3.) I have heard the learned counsel for the parties and have also taken into consideration the rival pleas of the parties. It is not in dispute that on February 13,1986, on an application ; filed by the original allottee a 'No Objection Certificate' was issued by the administration. On the strength of the aforesaid 'No Objection Certificate' a sale deed as executed and as registered on March 3,1986. It is also not in dispute that the present petitioner, Jeevan Lata, is one of the co- sharers of the plot as per the aforeaid conveyance deed. Since no record with regard to rsumpton order dated November 11,1983 is available with the respondents, therefore, the respondent cannot now rely upon the aforeaid resumption order dated November 11,1983 when admittedly they have issued 'No Objection Certificate' dated February 13,1986. As a consequence of the aforesaid conveyance deed the plot was also permitted to be transferred in the name of the transferee.