The applicability of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 to the dispute over land allotment and possession.

V.K. JAIN, J.

1. Vide letter dated 14.3.1950, the Assistant Secretary to the Government of India, Ministry of Rehabilitation conveyed, to the Chief Commissioner, Delhi, certain decisions with respect to Jhil Khuranjia Milk Producers Colony for the displaced persons. The decision taken by the Government of India was that all the plots in Jhil Khuranjia, which were previously occupied by Muslim Ghosis and which were lying vacant or unauthorizedly occupied, would be allotted by the Delhi Improvement Trust (hereinafter referred to as “the Trust”), predecessor in interest of the respondent Delhi Development Authority, to the Jhil Khuranjia Milk Producer s Cooperative Society Ltd. (hereinafter referred to as “the Society”), for being allotted to the displaced persons who were milk producers and who had enrolled themselves as members of the Society. The said plots were to be given on lease for a period of 90 years “on the same terms as before” incorporating the modifications suggested in the said letter. A copy of the existing lease terms was attached as Appendix „B to the said letter.

Another decision taken by the Government was that all Nazul „grazing land under the Trust in and near Jhil Khuranja, including the land belonging to the U.P. Canal Department as long as its management was with the Trust should be leased to the Society for grazing and fodder raising for the benefit of its members. The period of lease in the first instance was to be five years with the option to the society to renew the lease for further periods of ten years each. It was also decided that the said Trust shall levy the existing ground rent for the first one year and thereafter it would be subject to review after every two years, on the basis of prevailing rates in the locality. The Society was required to induce and enlist, as its members, the existing milk producers in Jhil Khuranjia and extend to them facilities for grazing and supply of fodder from this land on the same terms as to other members.

2. A proposal to allot land to the Society in terms of the above referred decision of the Government of India was approved by the Trust by way of a Resolution dated 25.5.1950. A perusal of the said Resolution would show that the land, subject matter of the Resolution, comprised (i) Plots of Nazul land measuring 77 bighas and 11 biswas in the Jhil Khuranja Abadi which were leased to Muslim Ghosis but were lying vacant or had been unauthorizedly occupied. (ii) Grazing Nazul land measuring 77 bighas and 2 biswas in Jhil Khuranja vesting in the Trust (iii) Grazing land in Shikam and Nangla Machchi measuring 1306 bighas and 10 biswas vesting in Trust; and (iv) a part of the canal land measuring 2187 bighas and 4 biswas belonging to the United Provinces Canal Department but, which at that time was under the lease of the Trust. Neither any allotment letter was issued by the Trust to the Society nor is there any document on record evidencing handing over of possession of the said land by the Trust to the Society, as far as the grazing land referred in the Government of India s letter dated 14.3.1950 is concerned. It, however, appears from a delivery and possession Memo dated 20.4.1962 that 2660 bighas 14 biswas falling in Khasra Nos.17,14,12,10,8,5,18,19,20 Min. 67, and part of Khasra No.34, 32,25,26, 20, 17, 36, 38, 40, 42, 43, 51, 60, 61 and 64 which was under the possession of Jheel Khuranja Cooperative Milk Producers Society was delivered and handed over to U.P. Canal Department.

3. Vide order dated 16.10.1967, DDA informed the Society that the term of the lease of Nazul land in Inderpat and Chirag in South, which was in its possession for agricultural purposes stood expired and required the Society to hand over possession of the aforesaid land on or before 23.10.1967.

4. Vide notice dated 31.3.1995 issued under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, to various occupants of the aforesaid grazing land, the Estate Off