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 12.11.1953 in favour of his wife Rajwanti Devi, bequeathing a limited interest. On her death on 18.5.1994, her interest in the property devolved on her nephew Krishna Dwivedi. The petitioner is daughter-in-law of Krishna Dwivedi. Krishna Dwivedi, during his lifetime, inducted Defence Estate Officer as a tenant in the property in question. It is alleged that SCC Suit No. 34 of 2004 is pending at the behest of the petitioner against respondent no. 3 for eviction and recovery of arrears of rent. It is also alleged that getting annoyed thereby, respondent no. 2 served the impugned resumption notice upon the petitioner, seeking to resume the land in question and the constructions existing over it, in exercise of power under GGO No. 179 dated 12.9.1836.

Writ – C No. 25115 of 2022 :

3. The property in dispute in the instant case is Bungalow No. 1, Ashoka Road, General Land Register (GLR) Survey No. 122, New Cantt., Allahabad (Prayagraj). It was also settled with Ganga Prasad under the Old Grant terms contained in Governor General-in-Council order No. 179 dated 12.09.1836 (GGO No. 179). It devolved upon Krishna Dwivedi in the same manner. In the said property, Krishna Dwivedi inducted Accounts Officer, Allahabad Circle, Ministry of Defence, as tenant. SCC Suit No. 79 of 2004 was filed by the petitioner, who is son of Krishna Dwivedi for recovery of arrears of rent and eviction. It was decreed on 1.8.2009 and thereafter a revision filed against the said judgment and decree of JSCC was also dismissed. The matter is pending in Writ – C No. 46076 of 2011, under Article 227 of the Constitution, before this court and an interim order is in operation in favour of the respondents. During pendency of the said writ petition, the impugned resumption notice dated 1.7.2022 was served upon the petitioner.

Submissions

4. Sri Ravi Kant, learned Senior Counsel, appearing for the petitioners in both the cases, submitted that: -

(a) The status of the grantees, i.e. the petitioners, is that of licensee and not tenant. The predecessor-in-interest of the petitioners have executed work of permanent character and incurred expenses in its execution and therefore, the license had become irrevocable under Section 60 of the Indian Easements Act, 1882 (for short ‘the Act’). The notice seeking to resume the land in dispute is therefore void in the eyes of law. In support of his submission, he has placed reliance on the judgment of Supreme Court in Usha Kapoor and Others v. Government of India and Others, [(2014) 16 SCC 481] and that of this Court in Ganga Sahai v. Badrul Islam, [AIR (29) 1942 Alld 330].

(b) Under Clause 6 of GGO No. 179, the power of resumption can be exercised upon payment of the value of building, as may have been erected. The compensation amount has to be offered alo