ROSELINE WILSON Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have prayed for issuance of a direction to Ministry of Art, Culture and Tourism, Archeological Survey of India and Mr. A.K. Sinha, respondents nos. 1, 2 and 3 respectively for canceling /quashing /annulling/withdrawing the orders dated 17.10.2005 passed by respondent no. 3 and further restraining the respondents nos. 1 to 4 from proceeding with the execution of orders dated 17.10.2005.

(2.) Brief facts of the case are that the petitioners have occupied the Christian Church Compound, Kishanganj, Delhi. It is the case of the petitioner that at the time of partition the Christians who were residing in Delhi were uprooted and one Mr. John Jacob who was also uprooted and displaced approached one, Mr. Alool, who was managing the Christian Church Compound at Kishanganj under the aegis of Armenian Association and he permitted Mr. Jacob and his family and relations to use and occupy the said Church Compound. Since then the family of Mr. John Jacob and his relations i.e. the petitioners? were in the peaceful, uninterrupted and undisturbed possession of the Christian Church Compound at Kishangunj and that they continued residing their even after the death on 26/11/1956 of Mr. John Jacob.

(3.) According to the petitioners in December 1959, Mr. V. Stephen came from Calcutta on behalf of the Armenian Association and found Mr. Matthew Jacob, son of Mr. John Jacob, in possession of the Christian Church compound and advised him to remove himself from the church compound along with his relations, however, the petitioners along with others expressed their inability to shift on account of non availability of alternative accommodation and therefore the families of the petitioners have continued in occupation of a part of the Christian Church Compound.