Northern India Paint Color And Varnish Co. LLP vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 17

MINI PUSHKARNA
Northern India Paint Color And Varnish Co. LLP – Appellant
Versus
Union Of India – Respondent

Advocates Appeared:
For the Petitioner: Mr. Arvind K. Nigam, Mr. Rajashekhar Rao with Mr. Harshavardhan Kotla, Mr. Divyank Yadav, Mr. Harshil Wason, Mr. Raghav Kohli, Adv.
For the Respondents: Ms. Monika Arora with Mr. Yash Tyagi, Mr. Varun Talwar, Mr. Sameer Vashisht with Ms. Sanjana Nangia, Adv.

JUDGMENT :

[Mini Pushkarna, J.]

1. With the consent of the parties, the matter is taken for final disposal.

2. The present writ petition has been filed challenging the restraint order dated 28.08.2022 issued by respondent no. 2 thereby restraining the petitioner from carrying on construction work on the property admeasuring 6325 sq. yds., situated at No. 1, Canal Road, Vijay Nagar, Delhi-110009. The said restrainment order was issued on the basis that the said property may be enemy property and thus, verification of documents/revenue records and demarcation of the property was required. The restrainment dated 28.08.2020 is reproduced as below:-

“RESTRAINMENT ORDER

Whereas, during the visit of Tehsildar along with Patwari and Field Kanungo, it was found that a construction is going on at 1 Canal Road, Vijay Nagar, Delhi i.e. Estate of Mst Ammurd Hussain and Ors.

Whereas, during the scrutiny of Conveyance Deed it was found that Khasra number is not mentioned in the deed.

And whereas it has been apprehended by the Ministry of Home Affairs letter dated 24.08.2020 that the said property

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2023 Supreme(Del) 17

MINI PUSHKARNANorthern India Paint Color And Varnish Co. LLP – AppellantVersusUnion Of India – Respondent

MINI PUSHKARNA
Northern India Paint Color And Varnish Co. LLP – Appellant
Versus
Union Of India – Respondent