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 may be enemy property and thus verification of documents/revenue records, demarcation of the property & verification of the antecedents of the original owners is required and till that time construction work shall be stopped.

Therefore, you are hereby restrained from doing any construction work with immediate effect failing which action under various provision of applicable laws will be initiated against you.

Sd/-

(RAHUL SAINI DANICS)

SDM/CHAIRMAN STF

MODEL TOWN, DELHI”

3. It is the case of the petitioner that the said restraint order is completely illegal and arbitrary as the petitioner is the exclusive owner in possession of the said property by virtue of deed of conveyance dated 13.02.1990 executed by the President of India, in favour of the petitioner pursuant to order dated 14.12.1989 passed by Supreme Court. Thus, by way of the present petition, the petitioner also challenged the notice dated 28.10.2020 issued by respondent no. 2 calling for demarcation of the said property. The petitioner has further sought for declaration that the said property is not enemy property.

4. The facts as elucidated in the writ petition are as follows:-

In 1947, during the partition, the petitioner was forced to leave behind its business including its factories and migrate from the present day Pakistan to Delhi. As per the prevailing policy, the petitioner applied to the Custodian of Evacuee Property for allotment of a business accommodation for setting up a paint factory. For this purpose, the petitioner made an application dated 31.12.1947 for allotment of business accommodation, which letter has been annexed as Annexure-P5 with the present writ petition.

5. In February1948, against the aforesaid application, a factory known as “Ismail Lace Mills” situated on the property in question, was allotted to the petitioner. Subsequently, the Custodian of Evacuee Property, vide letter dated 12.05.1948, confirmed allotment of factory known as “Ismail Lace Mills” situated at the property in question, with all machinery, equipment and other movable property to the petitioner. The letter dated 12.05.1948 as issued by the Custodian of Evacuee Property is reproduced as below:-

“No.DC/IV/48

Government of India

Ministry of Relief and Rehabilitation

Office of the Custodian of Evacuee Property

‘P’ Block Raj Niwas Road, New Delhi

Dated the 12th May, 1948

(Illegible)

Subject: Allotment of Ismail Lace Mills, (Illegible).

Whereas, the Northern India Paint Colour & VarnisH Co. Ltd. have fulfilled the conditions laid down in the letter No.DC/IV/A dated the 10th March, 1948, address to the Assistant Custodian Industrial Section is hereby required to effect delivery of possession of Factory/Machines /Industrial premises as Ismail Lace Mills, Partner with all machinery, equipment and other