Judgment

RAY, J. :- This is an appeal by special leave against the judgment and order passed in Writ Petition No. 41 of 1978 dismissing the writ petition and upholding the order of the District Judge, Srinagar dt. 26th July, 1978 as well as the order of the Estate Officer dt. 20th Mar. 1978.

2. The petitioners purchased the premises in dispute which were originally leased out to Dewan Bishen Dass, ex. Prime Minister of the Jammu and Kashmir, from his successor-in-interest Purnesh Chandra and others by two sale deeds dt. 12-7-1967 and 8-12-1967. Dewan Bishen Dass who took lease of the said property was in possession of the same for more than 75 years. The suit property consists of residential houses, buildings, shed and open lands. The appellants purchased the land under Khasra Nos. 885 (min) 890 and 891 measuring about 10 Kanals. In 1957 the respondents State Government tried to resume the lands for setting up a Tonga and Lorry stand; but thereafter no action was taken in this regard. In 1961 another order was made by which the land in question was sought to be resumed under the previous order and the said land was sought to be transferred to the Roads and Buildings Department. Under this order compensation was fixed at Rs. 1,39,260 in respect of building and structures standing on the said lands; however no compensation was paid nor any action was taken subsequently in this regard. In 1963 another Government order was issued under S. 4(1) of the Jammu and Kashmir (Public Premises Eviction of Unauthorised Occupants) Act, 1959 seeking to resume the land for purpose of the development of the city. An appeal preferred by the lessee was rejected. But no further action was taken thereafter. On 5th June, 1968 an order of eviction under the provisions of Jammu and Kashmir (Public Premises Eviction of Unauthorised Occupants) Act, 1959 was issued seeking to evict the petitioners as being unauthorised occupants. On Jan. 11, 1978 a large number of police personel and municipal employees came upon the land and demolished the buildings of the petitioners on the said land. The Administrator took illegal possession of the suit property whereon the appellants filed a writ petition before the High Court of Jammu and Kashmir praying for a writ or direction prohibiting the Administrator of the Municipality from interfering with the physical possession of the petitioners and directing him to forbear from taking possession of the property without the authority of law.

3. The High Court by judgment and order of 19th July, 1979 allowed the writ petition and directed the respondents to restore possession of the premises immediately to the petitioners.

4. By allowing the writ petition High Court held : (1) Section 6 of the Land Grants Act shows that the provisions of the Act would apply to the lease created after the passing of the Act.

(2) Possession of the lessees can be taken only on payment of compensation. Since no compensation was paid, the lessee is validly in possession and cannot be evicted.

(3) Petitioners not being unauthorised occupants the Act is not applicable and therefore any notice under S. 4 or S. 5 of the Act is without jurisdiction.

(4) Section 5 of the Jammu and Kashmir (Public Premises Eviction of Unauthorised Occupants) Act is ultra vires Art. 14 of the Constitution since discretion is on State Officer to evict one occupant and refuse to evict another. Amendment of 1962 does not revive S. 5 of the 1959 Act.

(5) Action of the State was held mala fide.

5. Against the said judgment and order the respondents filed appeals before this court being Civil Appeals Nos. 144-147 of 1979. On Aug. 8, 1972 this Court dismissed those appeals and confirmed the judgment and order made by the High Court holding that as the Administrator of the Municipality had not complied with the provisions of Ss. 238 and 239 of the Municipal Act the action taken by the Municipality in the matter of demolition must be held to be entirely illegal and contrary to law. It