RUSTAM Vs. JAMIA MILIA ISLAMIA UNIVERSITY

JUDGEMENT

(1.) A common judgment dated 22.1.2010 has resulted in three writ petitions, being W.P.(C) No.4929/2007, W.P.(C) No.4930/2007 and W.P.(C) No.5292/2007 being disposed of. The appellants of LPA No.117/2010 were the writ petitioners of W.P.(C) No.4930/2007. The appellants of LPA No.118/2010 were the writ petitioners of W.P.(C) No.4929/2007. The appellants of LPA No.120/2010 were the writ petitioners of W.P.(C) No.5292/2007. All the appellants had challenged an order dated 6.7.2007 passed by a learned Additional District Judge upholding orders passed by the Estate Officer of the first respondent ordering possession to be recovered of the subject land from the appellants in proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act 1971.

(2.) ALL and sundry defences were raised by the appellants before the Estate Officer, including the plea that the forefathers of the appellants had acquired title to the subject lands by prescriptions. We note that other defences taken were that the subject lands did not belong to Jamia Milia Islamia. A defence was taken that at site, the subject lands were not in respect whereof eviction proceedings were directed. Jurisdictional issues pertaining to the subject land being public premises were raised.

(3.) COUNSEL submits that only 2 out of the 5 parcels of land which were bifurcated out of original Khasra No.68 i.e. parcel No.a and b admeasuring 1 bigha and 10 biswa and 23 bigha and 1 biswa came under the ownership of Jamia Milia Islamia. COUNSEL states that remaining three parcels admeasuring 4 bigha and 4 biswa; 89 bigha and 2 biswa; and 1 bigha and 10 biswa came under the ownership of the Central Government.