VINOD SAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These two Letters Patent Appeals (Nos. 172 and 247 of 1972) have been filed by Vinod Sagar and Shrimati Kanta Kumari respectively against the judgement of Dalip K. Kapur J., dated May 22, 1972, whereby the learned Judge dismissed Civil Writ Petition No. 760 of 1970, filed by Vinod Sagar. Shrimati Kanta Kumari who is the mother of the petitioner was respondent 5 in the Writ Petition. The other respondents in the Writ Petition were (1) the Union of India through the Secretary, Ministry of Housing, Works & Supply, Government of India; (2) The Estate Officer (Director of Estates) to the Government of India ; (3) Deputy Director of Estates to the Government of India; and (4) Shrimati Prem Kumari, respondent 4 is the widow of the petitioner's brother. The Civil Writ was filed for the issuance of a writ quashing an order of requisition of certain property belonging to the petitioner and respondents 4 and 5 and two orders calling upon them to carry out repairs to the said property.

(2.) The property in question is No. 5, Sikandara Road. New Delhi, situated opposite to Lady Irwin College, New Delhi. The said property originally belonged to late Sir Moti Sagar, and the petitioner Vinod Sagar and respondents 4 and 5 inherited the said property from late [ Sir Moti Sagar. It is stated in the Writ Petititon that respondents 4 and 5 did not join the petitioner in filing the Writ Petition and were, therefore, impleaded as respondents. They were represented by counsel and supported the petitioner at the hearing of the Writ Petition.

(3.) The property referred to above is stated to be a spacious house constructed in an area of 2.6 Acres for the purpose of residence of the family of the owners. By an order No. 3-E.O. VII/REQ of 1947. dated August 21, 1947, passed by Shri G. T. Mashram, Estate Officer to the Government of India, the aforesaid property was requisitioned under section 3 of the Delhi Premises (Requisition and Eviction) Ordinance No. XII of 1947. It was stated in the order that in his opinion it was necessary to requisition the premises for public purpose, and that the Estate Officer, therefore, in exercise of the powers conferred by sub-section (1) of Section 3 of the aforesaid Ordinance requisitioned the said premises with effect from September 1, 1947, until further orders. The owner or any other persons in possession of the said premises were directed by the order to deliver possession thereof with all fittings and fixtures therein on the forenoon of September 1, 1947, to the Executive Engineer 'E' Division, Central Public Works Department, New Delhi. At the end of the order, it was stated as under :- "Copy forwarded for information and necessary action to the :