Per Shri Balwant Singh—The facts which give rise to this appeal are as follows : The piece of land measuring 14-1/2 biswas situated in Killa No. 1, Sq. 57 of the Chak No. 13-0 in village Karanpura Distt. Ganganagar belonged to M/s Harikishan Singh Rajendra Singh. They applied to the District Magistrate for no objection certificate for installation of petrol pump on the said piece of land. The District Magistrate issued no objection certificate but for certain reasons they could not install the petrol pump over the said land.

M/s. Vishwanath & Co., purchased this piece of land from M/s Harikishan Singh Rajendra Singh and simultaneously applied for the transfer of no objection certificate. The Additional District Magistrate sanctioned the no objection certificate in favour of M/s Vishwanath & Go. Construction was started over the said piece of land. One Shri Dalel Singh put in an application to the District Magistrate, Ganganagar on 24-8-62 that M/s Viswanath & Co. have converted the agricultural land into abadi land without proper sanction. The learned District Magistrate issued an interim injunction restraining M/s Vishwanath & Co., the appellant from constructing any building over the said land. The appellant submitted an elaborate reply along with a site plan. The learned Collector and District Magistrate inspected the site on 16-6-62 and observed that the land is recorded as agricultural land. He also observed that there are certain other buildings like petrol pumps and ginning and pressing factories over the agricultural land. He therefore made his interim order absolute, and restrained M/s Vishwanath & Co., from further construction over the land and directed them to file an application under rules for the conversion of agricultural land into abadi land. The Collector further asked the Tehsildar to make enquiries against the persons who had unauthorisedly constructed buildings over the agricultural land in the vicinity of the said piece of land.

M/s Vishwanath & Co., therefore went in appeal before the learned Revenue Appelate Authority who vide his order dated 19-9-62 rejected the appeal. The aggrieved party have preferred to come up in second appeal before us.

Shri Dalel Singh also appeared before us and requested us that he may be made a party in this case. He however stated that he was a party in the first appellate court, but from the perusal of the record it appears that his application was rejected by the Revenue Appellate Authority on 23-8-62 which is at page 8 of the file.

The main contention of the appellant is that no objection certificate for the installation of a petrol pump over the said piece of land was granted by the District Magistrate after taking into consideration all the pros and cons of the case. Once a no objection certificate was issued it was not open for the District Magistrate to go back over his previous order and thereby restrict the appellant to proceed further with the construction of the building.

We have given our careful consideration to this case and we feel that the issue of no objection certificate by the District Magistrate and the permission for conversion of agricultural land into abadi are two separate issues. A District Magistrate gives a no objection certificate after consideration of certain provisions of law keeping in view the suitability of the site, safety etc. and the question is decided later on whether the land could be used for a particular purpose and if so necessary formalities have to be gone through to convert the agricultural land into abadi land in pursuance of certain set rules issued by the State Government. Mere issue of no objection certificate in favour of a person does not give him all rights over the said piece of land automatically except that the District Magistrate has no objection if a petrol pump is erected at a proper place.

The other contention of the counsel for the appellant is that in the consequence of issue of no objection certificate he started const

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