SUNIL KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) We propose to dispose of these 36 appeals and 5 writ petitions vide this common order since in all these matters, the issues raised are identical.

(2.) The lands in dispute were leased out to two different Societies, namely, Jheel Khuranja Cooperative Milk Producers Society Limited and Delhi Peasants Cooperative Multipurpose Society Limited. All the matters relating to land allotted to Jheel Khuranja Cooperative Milk Producers Society Limited are grouped in Group A and the matters relating to land allotted to Delhi Peasants Cooperative Multipurpose Society Limited are grouped in Group B. Brief facts in Group 'A' Matters

(3.) An Agreement was executed by the Government of India in favour of the Delhi Improvement Trust (hereinafter referred to as "the DIT") on 31.03.1937 with regard to administration of certain properties, which were placed at the disposal of DIT, and was termed as the Nazul Estate. On 14.03.1950, Government of India, Ministry of Rehabilitation conveyed its decision to the effect that all the plots in Jhil Khuranjia, which were previously occupied by Muslim Ghosis and which were then lying vacant or were unauthorisedly occupied, would be allotted by the DIT to the Jhil Khuranjia Milk Producers Co-operative Society Ltd., for being allotted to the displaced persons who are milk producers and who had enrolled themselves as Members of the Society and those who agree to abide by the conditions specified in the said communication. The terms of allotments of plots to the Jhil Khuranjia Milk Producers Co-operative Society, inter alia, provided that the plots would be given only for a lease for a period of 90 years. The Society had to pay to DIT an existent rent of Rs. 2/- per annum, subject to the enhancement. It also provided that the period of lease for all Nazul grazing land under the trust be leased for grazing & fodder; the first instance would be 5 years with an option to the Society to renew the lease for a further period of 10 years each.