V.P.GOEL, R.S.DHAVAN
SATYA NARAIN KAPOOR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) THESE cases will be discussed individually. But. they raise an important question of a long forgotten phenomenon of control by Government on an estate known by the expression nazul. Settlements record nazul as an estate, land and property, but there is less modern law available to explain what is the concept of nazul estates. Whatever material is available is virtually lying in the archives of administration and out of use. The administration has forgotten to take guidance from prescribed administrative instructions on how to deal with nazul an estate held by the government, in public trust not as a private preserve. These cases are not about private rights, but public law of public property and the trust in Government to hold it, be it a small nazul shop in a municipal market, a commercial complex or residential. The principles which govern nazul estates are the same.
( 2 ) THESE three writ petitions are in the matter relating to shops, all of them small shops, in the chowk area of the city (south) of Allahabad behind the famous Clock Tower. These shops, referred to by the petitioners or the respondents, are in a demarcated area where existed a municipal m
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