NANDRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) As all these writ petitions involve similar questions of law and fact, I propose to dispose of all the 15 writ petitions by this common judgment and order.

(2.) These writ petitions arise out of the common judgment and order passed by the Additional District Judge, Delhi on 15.11.1997 dismissing the appeals filed by the petitioners as against the order dated 4.4.1997 passed by the Estate Officer holding that the premises in question are public premises and that the petitioners are in unauthorised occupation of the said public premises and that they are liable to be evicted from the aforesaid public premises.

(3.) In order to appreciate the contentions of the Counsel appearing for the parties, it is necessary to set out the background facts leading to the passing of the aforesaid order by the Estate Officer. The Chief Commissioner of Delhi by notification issued under the Land Acquisition Act acquired about 150 acres of land situated towards the south of Najafgarh Road, Village Basai Darapur for the purpose of resettlement of displaced persons from West Pakistan. The said land was acquired on 23.2.1952. With the issuance of the aforesaid notification acquiring the land by the Chief Commissioner of Delhi, the land vested absolutely in the then provincial Government of Delhi free from all encumbrances. Prior to the aforesaid acquisition there were brick kilns on the said land. On 17.10.1996, the abovesaid acquired land was placed at the disposal of the Rehabilitation Housing Corporation, which was a company sponsored by the Central Government with 80% shares - for the development of a colony named as Kirti Nagar for displaced persons. The Rehabilitation Housing Corporation took possession of the said land and started the development work in accordance with the scheme approved for the purpose. In accordance with the said scheme and after development of the land, various plots for construction of residential buildings were carved out and the said land was allotted to displaced persons. A plot No. A-32 measuring 650 sq. yds. was also carved out, out of the said land and the same was allotted by the Rehabilitation Housing Corporation to one Sh. Kulnath Singh. In the meantime, the respondent No. 3 requested the Rehabilitation Housing Corporation for transfer of the aforesaid plot in his name. The said request was considered by the Corporation and it was agreed to by the said Corporation in their letter dated 27.7.1956 on the same terms and conditions of sale on which the plot was originally allotted to Sh. Kulnath Singh. However, the land under plot No. A-32, Kirti Nagar was reserved for a school/ public utility and, therefore, the respondent No. 3, Sh. G. Sarin was allotted another plot No. E-51 /52, Kirti Nagar measuring 650 sq. yds. vide letter of the Corporation dated 13.2.1957 at the same rate and on the same terms and conditions of sale, on which it was originally allotted. In the allotment letter issued to said Sh. G. Sarin, respondent No. 3 herein, it was stipulated that possession of the said plot would be handed over to him after removal of the squatters. The Corporation, however, failed to hand over possession of the said plot to the respondent No. 3 arid, therefore, the respondent No. 3 neither could pay the balance amount nor could get the sale deed/ lease deed executed in his name. Respondent No. 3 was intimated by the Corporation by their letter dated 3.2.1965 that the question of eviction of squatters had been referred to the police to proceed against them as criminal trespassers and result was awaited. He was also informed by another letter dated 7.11.1966 that necessary action was being taken against the squatters for their removal from the aforesaid plot and that further development in the matter would be communicated to him in due course of time. Ultimately, Sh. G. Sarin deposited a total amount of Rs. 5,924.09 upto 30.4.1968 against the demand notice of Rehabilitation Housing Corporation dated 18.3.1968. It further transpires from the record that in 1966 the Corporation filed a suit for possession of the aforesaid plot and recovery of damages for use and occupation as against 17 alleged unauthorised occupants, who were occupying the said plot since 1.11.1956 whereas Sh. G. Sarin was added as the 18th defendant. The present petitioner were added as defendants 1 to 17. The said suit was listed before Smt. Aruna Suresh, Sub Judge, 1st Class, Delhi. In the said suit the Corporation sought for a'decree for possession by removal of unauthorised constructions on the aforesaid plot. The aforesaid suit was dismissed on 9.12.1976 by an order passed by Smt. Aruna Suresh, Sub-Judge, Delhi on the ground that the legal heirs of some of the defendants, who died during the pendency of the suit, were not brought on record of the Court within the stipulated period of time and that, therefore, the suit stood abated in toto.