ROSE MARRY Vs. UNION OF INDIA

JUDGEMENT

(1.) This common order shall govern the disposal of two CWPs bearing numbers CWP 1230/95 and 2255/95. They arise out of common set of facts though the grievances raised are slightly different. The two were heard together.

(2.) The Estate known as Maulana Azad Road Mess, formerly known as the King Edwards Mess, was housing the officers of armed forces in British India. Subsequently it was used as residential accommodation for the officers of the Indian Defence Forces, and latter for the officers working with the Ministry of Defence, Government of India. The petitioners in the two petitions and/or their ancestors were working as domestic servants for the officers and were for that reason residing with their families in the servant quarters located in the said Mess. Sometime in the year 1993, the entire tract of land whereon the aforesaid Mess is situated was taken over by the Ministry of External Affairs from the Ministry of Defence.

(3.) The several petitioners were considered unauthorised occupants of public premises and were ordered to be evacuated by the competent authority, uprooting them from their respective places of occupation, some carrying commercial activities as well. This raised a human issue which received a compassionate consideration of the Government. A solution was found out.