The main legal point established in the judgment is the duty of the State Government to protect public property, prevent unauthorized occupation, and uphold the rule of law, while also emphasizing the need for a fresh look at the law of adverse possession.

Rajiv Sharma, J.

Since the common questions of law and facts are involved, the present petitions have been taken up together and are being decided by this common judgment. However, in order to maintain clarity, the facts of WPPIL No.173 of 2015 have been taken into consideration.

2. The petitioner has filed the present petition for the following reliefs:

1. “Issue a writ, order or direction in the nature of certiorari quashing the Clause 4(ja)(Chh) order dated 1.3.2009 passed by the respondent no.1 (contained in Annexure No. 24 of the petition P.I.L.).

2. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents not to free hold any govt. land in favour of any encroachers.

3. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent nos. 1 to 5 not to free-hold the plot at Khasra No. 170 (Min) 171 (Min), 172 (Min), 173 (Min), 197 (Min), Plot No. 26 & 27 situated in village Jagatpura, Mohalla Kalyani View, Rudrapur, Tehsil Rudrapur, District Udham Singh Nagar, in favour of any person and restore its original position after remove the illegal encroachment of any person, further be directed to take necessary steps to protect the aforesaid Government agricultural barren land/Public utility land.”

3. It is settled that the ownership of the Nazul land always remains with the State Government. However, it can be used by the statutory authorities as ‘permissible user’. In the Districts of Dehradun and Haridwar, the Nazul land is being managed by Mussoorie Dehradun Development Authority and Haridwar Development Authority, the State Government has issued the Circular/Policy on 1.3.2009 making the Nazul land freehold.

4. Clauses 4(f)(g)(h) of the Nazul Policy dated 1.3.2009, which are impugned in the present petition, read as under:-

“4(f) Illegal/unauthorized occupants (under the provisions contained in Nazul Policy).

(g) Such purchasers who have not got the land by way of registered sale deed, but on mutual agreement, power of attorney or registered agreement or by any other means, then treating such cases to be illegal, free hold proceeding shall be made as per the policy applicable to the illegal occupants.

(h) Such lease land, whose period of lease has expired and the right to re-entry has vested with the Government shall also be entitled for free hold.”

5. A very specific question was put to learned Counsel appearing on behalf of the State Government that why the Nazul land has been made freehold. He has drawn our attention to sub-clause (g) of Section 2 of the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972. It reads as under:-

“unauthorized occupation”, in relation to any public premises, means the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.”

6. In order to adjudicate the matter effectively, we have to refer to the definition of public premise given u/s 2(3) of the Act. It reads as under:-

“Public premises means any premises belonging to, or taken on lease or requisitioned by, or on behalf of the Central Government, and includes any premises belonging to or taken on lease by or on behalf of-

(i) any company as defined in section 3 of the Companies Act, 1956 (1 of 1956), in which not less than fifty-one per cent of the paid up share capital is held by the State Government; or

(ii) any local authority; or

(iii) any corporation (not being a company as defined in section 3 of the Companies Act, 1956 (1 of 1956) or a local authority) owned or controlled by the State Government; or

(iv) any society registered under the Societies Registration Act, 1860, the governing body whereof consists, under the rules or regulations of the society, wh