While hearing a writ petition filed by a private party seeking a No Objection Certificate (NOC) for the construction of a hotel on a parcel of land situated within the municipal limits of Varanasi, the Division Bench of the Allahabad High Court, comprising Justice Neeraj Tiwari and Justice Sudhanshu Chauhan, examined the plea raised by the Municipal Corporation of Varanasi that the said land constituted a pond. The Bench observed that the corporation’s assertion could not be accepted unless it first contested the validity of the sale deed pertaining to the land, which had been executed 113 years ago, corresponding to the Fasli year 1291 (1884 AD).
The Bench noted that the sale deed, being a document of considerable antiquity, enjoys a presumption of regularity and validity under the principles of evidence law. In the absence of any formal challenge to that deed—whether by way of a suit for declaration, a suit for cancellation, or any other appropriate proceeding—the court held that the Municipal Corporation could not rely on its own allegation that the land was a pond to defeat the petitioner’s claim for an NOC. The judgment emphasized that a claim altering the character of immovable property must be substantiated by cogent evidence and, where a prior title document exists, by a direct legal challenge to that document.
In support of its reasoning, the Court referred to the decades‑old Abadi entries that had been recorded in the revenue records. These entries, which reflect the historical use and classification of the land, further reinforced the presumption that the land had been treated as private property for an extended period. The Bench observed that the corporation’s reliance on a mere assertion of pond status, without producing any contradictory revenue record or without initiating proceedings to rectify the Abadi entries, was insufficient to overturn the established presumption.
The Court also considered the procedural context of the writ petition. The petitioner had approached the Court seeking an NOC from the municipal authority to proceed with hotel construction, a permissible use under the prevailing zoning regulations. The Municipal Corporation’s objection, based on the alleged pond character, was viewed as an attempt to impede a lawful development without first establishing the factual basis through the appropriate legal mechanism. The Bench held that such an objection, unsupported by a challenge to the underlying title, could not be sustained.