KANT KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India by one of the co-owners of Banglow No. 5, Sikhadera Road, New Delhi wherein it is, inter alia, contended that the vacant physical possession of the said banglow should be handed over to the co-owners inasmuch as the act under which the said banglow was requisitioned has now ceased to be in operation.

(2.) Briefly stated the facts are that the aforesaid banglow was owned by late Sir Hoti Sagar. The property was on perpetual lease and the land measured about 26 acres on which super structure hand been erected. After the death of Sir Moti Sagar, the property was inherited by his son Seth Prem Saga". It is further averred in the writ petition, and not denied by the Union of India, that after the death of Prem Sagar the said property devolved on his widow, namely, Smt. Kant Kumari, the petitioner and his two sons Seth Shanti Sagar and Vinod Sagar. Both Shanti Sagar and Vinod Sagar have also expired and their shares have developed on Smt. Prem Kumari, respondent No. 4 and Smt. Madan Lata, respondent No. 5.

(3.) Vide orders dated 21st August, 1947 the said property was requisitioned under the provisions of Section 3 of the Delhi Premises (Requisition and Eviction) Ordinance, 1947. This property was requisitioned because it was required for a public purpose, the public purpose being that the property was to be handed over to respondent No. 6, namely, The Lady Irwin College, for its use. The possession of the property was taken over and subsequently handed over to respondent No. 6.