KARAN SINGH TANWAR Vs. ESTATE OFFICER DELHI

JUDGEMENT

(1.) The appeal and the writ petition herein involve similar facts and issues and, therefore, we propose to dispose of the appeal and writ petition by this common judgment and order.

(2.) The appeal (LPA No. 676/2004) is directed against the judgment and order passed by the learned Single Judge on 9th July, 2004 dismissing the writ petition filed by the appellant. The said writ petition was filed challenging the order of the Estate Officer dated 30th August, 2002 and also the order of the Appellate Authority dated 17th April, 2004 passed against the appellant under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act) in respect of the land measuring 4 bighas and 16 biswas situated in Village Naraina, Ring Road, New Delhi. Land situated in the said village measuring about 43 bighas 8 biswas was acquired on 11.2.1976 under notification dated 24.10.1961.

(3.) Contending that the appellant is the tenant and in occupation of the aforesaid 4 bighas and 16 biswas of land, he filed a suit in the year 1985 in respect of the aforesaid land. It was contended, inter alia, that the said land is abadi land and not falling in the Cantonment area and, therefore, could not have been acquired under the aforesaid notification. It was further submitted that the said land was accordingly left out from the acquisition proceeding. In the aforesaid suit, the appellant claimed for a decree of permanent injunction against the Ministry of Defence from taking over possession of the said land from the appellant.