MANGE RAM BHARDWAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) EVICTION of the petitioner from land within Purana Qila, a centrally protected monument at Mathura Road in New Delhi (hereinafter referred to as subject land) is under challenge in this writ petition. In proceedings under The Public Premises (EVICTION of Unauthorised Occupants) Act, 1971, the petitioner's eviction by the Estate Officer has been upheld in appeal vide order of 8th February, 1989 (Annexure F), which is impugned herein.

(2.) PETITIONER claims to be a Mahant of Sri Kunti Devi Mandir inside Purana Qila at Mathura Road, New Delhi and asserts that by virtue of order of 28th August, 1986 of the Civil Court, respondent- Union of India has been injuncted from dispossessing the petitioner from the subject land/mandir. In appeal, the stand taken by the petitioner was that the Mandir on the subject land is 5500 years old W.P.(C) No. 515/1989 Page 1 and is being maintained since the year 1880 by the great grandfather of the petitioner. The claim of the petitioner is that he is performing Puja in the aforesaid Mandir on the subject land since the year 1976 and prior thereto, his parents were performing the Puja in the aforesaid Mandir.

(3.) IT is the assertion of the petitioner that in the year 1962 the Government had got the whole of the Purana Qila vacated from the Refugees etc. but the petitioner was allowed to remain there. When petitioner had apprehended that demolition of the aforesaid Mandir by the Archaeological Department, he had filed the Civil Suit for injunction in the year 1981, which was decreed in the year 1986 restraining the respondents from demolishing the Mandir without following the due process of law. Copy of the Civil Court order of 28th August, 1986 (Annexure- B) is relied upon by the petitioner to retain his possession over the subject land.