High Court Of Delhi
NANDRAM - Appellant
Versus
UNION OF INDIA - Respondent
L.P.A. 365 of 2000
Decided On : 11/23/2000
( 1 ) THIS appeal is directed against judgment dated 21/07/2000 passed by learned Single Judge dismissing a batch of 15 writ petitions, which involved similar points of dispute as to whether petitioners were unauthorized occupants of public premises, in terms of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (in short the "act" ). In each of the writ petitions challenge was to the common judgment and order dated 15/11/1997 passed by the Additional District Judge, Delhi dismissing the appeals filed by the writ petitioners. The appeals related to order dated 4/04/1997 passed by the Estate Officer holding that the premises in respect of which proceedings had been initiated under the Act were public premises and the notices in each case were in unauthorized occupation of the said public premises and were liable to be evicted.
( 2 ) FACTUAL position relevant for adjudication of the points in dispute are as follows:- The Chief Commissioner of Delhi by notification issued under the Land Acquisition Act, 1894 (in short the "l. A. Act") acquired about 150 acres of land situated towards the sought of Najafgarh Road, Village Basai Darapur for the purpose of resettlement of displaced persons from West Pakistan. The said land was acquired on 23. 2. 1952. With the issuance of the aforesaid notification acquiring the land by the Chief Commissioner of Delhi, the land vested absolutely in the then provincial Government of Delhi free from all encumbrances. Prior to the aforesaid acquisition there were brick kilns on the said land. On 17. 10. 1956, the above said acquired land was placed at the disposal of the Rehabilitation Housing Corporation (in short the "corporation), which was a company sponsored by the Central Government with 80% shares for the development of a colony named as Kirti Nagar for displaced persons. The Corporation took possession of the said land and started the development work in accordance with the scheme approved for the purpose. In accordance with the said scheme and after development of the land, various plots for construction of residential buildings were carved out and the said land was allotted to displaced persons. A plot No. A-32 measuring 650 sq. yds. was also carved out, out of the said land and the same was allotted by the Corporation to one Sh. Kulnath Singh. In the Meantime, Sh. G. Sarin (Respondent No. 3) requested the Corporation for transfer of the aforesaid plot in his name. The said request was considered by the Corporation and it was agreed to by the corporation in their letter dated 27. 7. 56 on the same terms and conditions of sale which the plot was originally allotted to Sh. Kulnath Singh. However, the land under plot No. A-32, Kirti Nagar was reserved for a school/public utility and, therefore, Sh. G. Sarin was allotted another plot No. E-51/52, Kirti Nagar measuring 650 sq. yds. vide letter of the Corporation dated 13. 2. 1957 at the same rate and on the same terms and conditions of sale, on which it was originally allotted. In the allotment letter issued to said Sh. G. Sarin, it was stipulated that possession of the said plot would be handed over to him after removal of the squatters. The Corporation, however, failed to hand over possession of the said plot to Sh. G. Sarin and, therefore, he could not pay the balance amount, and could not get the sale deed/lease deed executed in him name. He was intimated by the Corporation by letter dated 3. 2. 1965 that the question of eviction of squatters "had been referred to the police to proceed against them as criminal trespassers and result was awaited. He was also informed by another letter dated 7. 11. 1966 that necessary action was being taken against the squatters for their removal from the aforesaid plot and that further development in the matter would be communicated to him in due course of time. Ultimately, Sh. G. Sarin deposited a total amount of Rs. 5,924. 09 upto 30. 4. 1968 against the demand notice of Corporation
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