UNION OF INDIA Vs. HARISH CHAND

JUDGEMENT

(1.) IN this appeal filed by the certificate granted by the Allahabad High Court under Art. 133(1) of the Constitution of India, the Union of India, represented by the Station Commander Headquarters, Faizabad; the Military Estates Officer, Lucknow Circle, Lucknow Cantonment and the Station Commander Sub-Headquarters, Faizabad, have challenged the judgment in Special Appeal No. 36 of 1976 in which the judgment of the learned Single Judge passed in Civil Misc. Writ Petition No. 1757 of 1972 was confirmed and the appeal was dismissed.

(2.) THE property in dispute is about 8.69 acres of land lying with the Faizabad Cantonment and the structures which were erected by the respondent with permission of the authorities on a portion of the same. The land was granted by the Government of India in favour of the predecessor-in-inierest of the present respondents. The grant is an "old grant" as defined under the Government Grants Act, 1895.

(3.) IN exercise of the power of resumption vested under the clause, the Government of India by the notice dtd. 21/2/1972 resumed the land and the building standing thereon. The relevant portion of the said notice is extracted below: