Court Rules Denial Based on 1884 Pond Record Arbitary, Violating Article 14
In a significant ruling, the Allahabad High Court has overturned the decision by the Nagar Nigam, Varanasi, denying a No-Objection Certificate (NOC) to M/s Knots India Carpets Private Limited for the construction of a hotel. The denial was originally based on historical revenue records from 1884, which listed the land as a pond. The court found this action to be arbitrary, discriminatory, and in violation of Article 14 of the Indian Constitution.
The Division Bench, comprising Justices Neeraj Tiwari and Sudhanshu Chauhan, addressed the writ petition filed by M/s Knots India Carpets Private Limited, challenging the letter dated January 24, 2026, which refused the NOC. The petitioners argued that the land, situated in Arazi No. 2404, was sold with structures in 1913 and has been continuously recorded as abadi (habitable land) since 1954.
The court noted that the land in question, now a densely populated area, is recorded as abadi in current revenue records and that no substantial evidence was presented to support the existence of a pond. The court criticized the respondents for relying on outdated records and highlighted the arbitrary nature of targeting the petitioner's land while ignoring adjacent properties.
The bench also referenced the doctrine of promissory estoppel, asserting that the respondents could not contradict their previous acknowledgment of the land's abadi status. The court emphasized the absence of any pond development efforts before the writ petition was filed, underscoring the lack of merit in the denial of the NOC.
In its decision, the court quashed the denial letter and directed the Nagar Nigam to reconsider the NOC application, ensuring adherence to due process within four weeks. This ruling underscores the judiciary's role in upholding property rights and ensuring administrative actions adhere to constitutional principles.
Bottom line:-
Denial of No-Objection Certificate (NOC) for construction of a hotel on the ground that the land was recorded as a pond in 1884 CE is arbitrary, discriminatory, and violative of Article 14 of the Constitution. Valid title through a registered sale deed and continuous abadi recording in revenue records entitles the petitioner to relief.
Statutory provision(s): Article 14 of the Constitution of India, Doctrine of Promissory Estoppel, UP Zamindari Abolition & Land Reforms Act, 1950, UP Revenue Code, 2006 Sections 59/61
