MANGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The seven petitioners have instituted the present petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying inter alia for issuance of appropriate writ/directions to prohibit the respondents from taking possession of the agricultural land bearing Khasra No. 16/25-31 (Min) 7 to 10 Bigah, situated at Chirage Sumali, near Khureji Khas, Shastri Park, Delhi (hereinafter referred to as the 'subject agricultural land') that is claimed to be under their authorised occupation since 1962 by virtue of allotment on a lease basis by the respondent No.2/ Delhi Development Authority (hereinafter referred to as 'DDA').

(2.) It is claimed that the predecessors of the petitioners were allotted the said agricultural land vide allotment letter dtd. 1/10/1962 issued by the DDA, in lieu of acquisition of the land of the predecessors of the petitioners which was located in Indraprastha. Thereafter, the predecessors of the petitioners had been in peaceful and uninterrupted cultivating possession of the said agricultural land for about 30 years till ejectment proceedings under the Public Premises (Eviction of the Unauthorised Occupant) Act, 1971 (hereinafter referred to as 'PP Act') were initiated against the predecessors by way of a Show Cause Notice ('SCN') dtd. 30/1/1991 under Sec. 4 of the PP Act and thereafter, an eviction order dtd. 20/8/1991 was passed against them by the concerned Estate Officer.

(3.) Aggrieved thereof, as many as 26 appeals were filed under Sec. 9 of the PP Act before the Appellate Authority (Learned Additional District Judge, Delhi), challenging the eviction order dtd. 20/8/1991 passed by the Estate Officer. Out of the said 26 appeals, five appeals bearing P.P. Act Case Nos. 355/95, 356/95, 369/95, 370/95 and 374/95 were filed by the respective predecessors of the petitioners herein. The said 26 appeals were eventually allowed by the learned Appellate Authority vide a common judgment dtd. 18/11/1995.