GIRDHAR LAL TEWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) . By this common judgment/order we propose to dispose of the aforestated two writ petitions filed in this Court in the nature of public interest litigation. In both the writ petitions similar questions are raised and the main focus is on alleged unauthorised transfer of 17 Bighas and 14 Biswas of land and unauthorised constructions made on 10 Bighas 14 Biswas of such land situated at Model Town, Delhi with a prayer to demolish" the same. In order to appreciate and to enable us to answer the points raised in both the writ petitions and urged before us during the course of arguments it would to necessary to narrate some of the background facts leading to the filing of the present writ petitions.

(2.) . Approximately 17 Bighas 14 Biswas of land including 10 Bighas 14 Biswas of land where superstructures are raised by the respondents 5 to 10 are involved in the present writ petitions which are situate in Village Malikpur Chhawni now known as B-2 Block, Model Town, Delhi. The Notified Area Committee, Civil District, (hereinafter to be referred to as NAC) purchased 7.86 acres of land including the aforesaid land from Lala Raghubar Dayal for a sum of Rs. 9,200/- on 8.2.1919. The said land was purchased by a sale deed which was registered on 11.2.1919 and a copy thereof is placed on record at page 256 of the writ paper book. After about a year or so the Notified Area Committee leased out the entire land to M/s Edward Kaventer of Aligarh Dairy Farm for a period of 30 years commencing from 1.11.1920 and ending on 31.10.1950. Some records are placed by the respondents 5 to 10 to show that a resolution was adopted by the Notified Area Committee on 2.1.1943, according to which the Chief Commissioner approved the sale of land to Late Shri Rati Ram. The said resolution is alleged to be a forged resolution by the petitioners herein and also by the Union of India and the Delhi Development Authority. The respondents 5 to 10 herein, apart from relying on the contents of the aforesaid resolution also rely upon sale deed dated 20.5.1943 alleged to have been executed by the NAC in favour of Shri Rati Ram which is shown to be a registered document. According to the respondents' 5 to 10 by the aforesaid sale deed M/s Edward Kaventers purchased the land benami in the name of Rati Ram. By the said sale deed possession of the land was also transferred by the Committee to Late Shri Rati Ram. The petitioners and other respondents save and except the respondents 5 to 10 have alleged that the said document is also forged. As the lease granted in favour of M/s Edward Kaventer was to expire on 31.10.1950 a request was made by M/s. Edward Kaventer (successors) Ltd, to the Notified Area Committee on 20.2.1950 requesting for extension of the lease for a further period of 30 years from 1.11.1950. The aforesaid request to M/s. Edward Kaventer (successors) Ltd. was considered by the NAC and a resolution to that effect Was adopted on 29.11.1950 resolving to terminate the lease and not to renew the same. It was also resolved by the said resolution that lessee should be notified to handover possession of the land and that the said land be advertised properly for open auction. The said resolution is dated 29.11.1950 as stated in the affidavit filed by the parties. The records indicate that a lease deed was executed in between NAC and M/s Edward Kaventer (Successors) Ltd. for the same land on 24.7.1950 leasing it out in favour of the said company for the period from 1.4.1996 to 31.10.1950. It further transpires from the records that M/s. DLF Housing Construction Ltd. also made a request to purchase the said land as it was developing the entire Model Town. It is stated in the counter affidavit filed that the aforesaid request of M/s DLF Housing Constructions Ltd. was , considered and thereafter turned down. A resolution being resolution No. 35 dated 23.7.1952 was adopted by NAC to utilise the said land for starting an open air theatre and part of the area for hotel. Another resolution being resolution No. 44 came to be adapted by the NAC on 3.5.1953 as the lessee namely, M/s. Edward Kaventer Ltd. failed to handover possession on expiry of the lease. A proceeding for eviction was filed in the Court by the NAC and during the pendency of the said proceeding the lessee appeared before the Committee for a compromise and finally vide the aforesaid resolution it was resolved that negotiations be made to take over building, charges etc. On 31.3.1958 a letter was written conveying the decision of Government of India transferring Nazul land management to Delhi Administration. On the same dated i.e. 31.3.1958 a letter was written to the land and Development Officer forwarding four communications of the same date addressed to the Commissioner of Local Authorities. Delhi conveying the decision of the Government of India transferring management and care of Nazul land within the jurisdiction of NAC (Civil Station), Delhi District Board. Delhi, NAC (Fort) and Delhi Municipal Committee to the management and care of the Land and Development Officer. By the said letter the Land and Development Officer was requested to take over charge of the said land and the records pertaining thereto. The land in question was admittedly land within the jurisdiction of NAC (Civil Station). The NAC was immediately thereafter dissolved. On transfer of the aforesaid land to the Land and Development Officer from the NAC w.e.f. 1.4.1958, notice was issued to the unauthorised occupants by the L&DO & the eviction proceedings were initiated against M/s. Edward Kaventer (Successors) Ltd. in the court of the Estate Officer, L&DO.

(3.) . In the meantime a settlement was arrived at in terms of which one of the ex-tenants. Shri Baldev Raj who was also in occupation of a part of the subject land surrendered possession before the Estate Officer. L&DO on 20.1.1962 and M/s. Edward Kaventer (Successors) Ltd. agreed to demolish the buildings and to remove all the materials and debris and to vacate the site. At the same time the Government of India sanctioned a plot within the aforesaid area measuring about 4.61 acres to Delhi Administration for construction of its staff quarters and the said land was directed to be placed at the disposal the CPWD.