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2023 Supreme(All) 156

MANOJ KUMAR GUPTA, RAJENDRA KUMAR IV
Meena Pandey – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Tarun Agrawal.
For the Respondents: Sanjay Kumar Om.

JUDGMENT :

[Manoj Kumar Gupta, J.]

1. These petitions call in question the resumption notices dated 1.7.2022, issued by the Director General, Defence Estate, Ministry of Defence, Government of India, New Delhi (respondent no. 1) acting on behalf of the President of India. Thereby, the possession of the land held by the petitioners on Old Grant terms was sought to be resumed upon expiry of one month from the date of notice, along with the structures built over it. As the petitions involve similar issues of facts and law, therefore both the petitions were heard together and are being decided by this common judgment.

Writ – C No. 25066 of 2022 :

2. Ganga Prasad, the predecessor-in-interest of the petitioner, enjoyed a grant in pursuance of an Agreement dated 27.10.1892 under the Old Grant terms, contained in Governor General-in-Council Order No. 179 dated 12.09.1836 (for short, referred to as ‘GGO No. 179’). He raised pukka constructions over the said land. It bears Bungalow No. 8, Ponappa Road, General Land Register (GLR) Survey No. 122, New Cantt., Allahabad (Prayagraj) and is situated within the limits of the Military Cantonment. It is alleged that Ganga Prasad executed a will dated

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