PREM LAL Vs. ESTATE OFFICER

JUDGEMENT

(1.) This writ petition came up for hearing before a single Judge, who has by order dated 16th April, 1964 referred it to a larger Bench for decision.

(2.) The writ is directed against the order of the Additional District Judge, dated 3rd February, 1966, by which he has on appeal set aside the order of the Estate Officer, dated 6th April, 1965 passed under the Public Premises (Eviction of Unauthorised Occupants) Act for eviction of the petitioner from the land in dispute, and remanded the case to the Estate Officer.

(3.) The land in dispute is a small strip of land situated outside the Shiv Temple in Nizamuddin. The land was claimed by the Land & Development Officer as belonging to the Government and the possession of the petitioner was alleged to be unauthorised. Proceedings for his eviction were initiated by the Estate Officer. On behalf of the Government reliance was placed on a lease deed granted by the Government to Sanatan Dharam Sabha. There was some dispute about the area of the land involved in the case. The Government claimed the area to be 15' x 15', while the petitioner submitted that he was in possession of a much larger area of 40' x 22'. The contention of the petitioner was that the land did not belong to the Government, but was under the control of the Delhi PracheenPanchayat Halwain. On behalf of the Government were produced only two documents, namely, the lease deed Ex. A1., and the site plan Ex. A8. It is significant to add that no request was made by the Government for an opportunity to produce any further evidence. ' On behalf of the petitioner oral evidence was produced. On this material, the Estate Officer came to the conclusion that the petitioner was in unauthorised occupation of the premises and, therefore, ordered his eviction.