This first appeal has been preferred by the appellants/defendants 1-2/State

Government challenging the judgment and decree dated 07.04.1997 passed by 1^st

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

02.04.1996 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

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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 issued NOC declar