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2006 Supreme(All) 740

B.S.CHAUHAN, DILIP GUPTA
GIRIRAJ KAPOOR (DEAD) – Appellant
Versus
GOVERNMENT OF INDIA – Respondent


Advocates:
Counsel :
B.D. Mandhyan, Sr. Adv., for the Petitioners; Mohd. Isha Khan for the Respondents.

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—This petition has been filed for quashing the notices dated 14.12.2001 and 5.2.2001 and the Order No. 179 dated 12.9.1836 of Governor General-in-Council.

2. The notice dated 14th December, 2001 has been issued by the Under Secretary to the Government of India for and on behalf of the President of India and mentions that the land comprising site of Bungalow No. 1, Elgin Road, bearing General Land Register (hereinafter called G.L.R.) Survey No. 214, New Cantonment, Allahabad measuring 3.20 acres (hereinafter called the premises in dispute) belongs to the President of India and is held by the petitioners on Old Grant terms as set out in the Governor General-in-Council’s Order No. 179 dated 12.9.1836 under which the Government is entitled to resume the land and that the Government has decided to resume the said government land and obtain possession of the structures standing thereon upon payment of compensation for the authorised structures as per the terms of the Grant. The petitioners have been asked to deliver possession of the aforesaid land together with structures, standing thereon failing which the Government would resume the possession. The n
























































































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