HEM RAJ BHATIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India seeking quashing of an order dated 25th January, 1971 issued by the Under Secretary, Govt. of India, Ministry of Defence.

(2.) Briefly stated facts are that within the cantonment area of Jhansi, U.P., the petitioners own and possess jointly a Bungalow No.17, S.R. Road i.e. Survey No.236. The Bungalow is said to be held under an "Old Grant" - a term peculiar to the cantonments in India. It means a tenure governed by order No.179 of 1836 of the Governor General. The petitioners have purchased the Bungalow fora consideration of Rs.22,000.00 from their predecessor, one Rajender Pal Talwar, on 6.4.1976. Rajender Pal Talwar had in his turn acquired the Bungalow from Lala Manoo Lal Seth. Since the year 1971 the Bungalow has continued in the ownership and possession of the petitioners and their predecessors-in-interest.

(3.) In Jaunary, 1971, the petitioners were served with the impugned notice bearing No.46/10/L/L&G/68/264/D(lands), Govt. of India, Ministry of Defence, New Delhi dated 25th January, 1971. It will be useful to reproduce the contents of the notice which reads as under :- Notice Whereas the land comprising Survey No.236 (Bungalow No.l7) Jhansi Cantonment measuring 5.04 acres or thereabout and bounded as follows :- North by - Survey No.233 and 235 South by - Survey No. 15 East by - Survey No.237 and 239 West by - Survey No.l5 Belongs to the President of India, hereinafter called the Government, and is held by you on old grant terms as contained in Governor General's Order No.l79 dated the 12th September 1836 under which Government are entitled to resume the said land. And whereas the said property stands hired by the Government and is in the occupation of the Government. And whereas the Government have decided to resume the said property under the terms of aforemendoned Governor General's order. Now therefore in exercise of the power hereinbefore mentioned, the Governerntn hereby inform that -all private rights easements and interests you may have in the said land as also in the buildings standing thereon shall cease on the expiry of 30 days of this notice. Take notice further that the Government are prepared to pay and so offer you the sum of Rs.l5,123.00 (Rupees fifteen thousand one hundred and twenty three) as the value of the authorised erections standing on the land. In case the amount of compensation offered is not acceptable to you, you are at liberty if you so desire, to remove the structures so as to leave the land in the same condition in which it was before the erections. sd/- D.Krishnamurti. Under Secretary. Enclosed : Cheque No. A 732302 dated 25/1/71 Rs.l5123.00 only. 2