JUDGMENT

1. This first appeal has been preferred by the appellants/defendants 1-2/State Government challenging the judgment and decree dated 7.4.1997 passed by 1st Additional District Judge, Bhopal in Civil Suit No.10-A/1996, whereby suit filed by the respondents 1-4/plaintiffs has been decreed holding the notice dated 2.4.1996 to be illegal and that the defendants have no right to make any interference in the construction activities being carried out by the plaintiffs. Accordingly, permanent injunction has also been granted against the defendants.

2. In short the facts are that the plaintiffs claimed themselves to be owner and in possession of the disputed land total area 15700 sq.ft. bearing in khasra No.26, opposite Neelkanth Colony, ward No.9, Idgah Hills, Bhopal allegedly purchased by them from one Gulshan-E-Gandhi Housing Co-operative Society, Bhopal through four registered sale deeds. It is alleged in the plaint that Nazul Officer, Bhopal also granted no objection certificate in respect of the aforesaid land and before granting NOC, the Nazul Officer made all the legal enquiry as to whether the land belonged to the Government or not and ultimately the Nazul Officer, Bhopal i