RAJDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) One S. B. Ranjit Singh after obtaining on lease a plot of land bearing No. 25 in Block 'B' Connaught Place, New Delhi, constructed a building thereon having shops in inner circle of Connaught Place. This writ petition related to a show room (shop) in the said building abutting on main Connaught Place (Inner Circle). The said show room (shop) is hereinafter referred to as 'the said property'. By Deed of Gift dated February 5, 1946 the said S.B. Ranjit Singh made a gift of the ownership of lessee's right including the said building to the petitioner No. 1, Raj Dev Singh.

(2.) By a show cause notice and/or order dated October 6, 1952 issued by the Estate Officer under sub-section (i) of Section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to -as -the 'RAIP Act') called upon S. B. Ranjit Singh/Deccan Airways Limited and M/s. Hazara Singh and Son to show cause as to why the said property should not be requisitioned. Thereafter another notice and order dated December 3, 1952 to the similar effect was served upon the petitioner No. 1. In this notice and order it is stated that the said property is needed or likely to be needed for a public purpose to wit, proper and efficient functioning of the Government of India being a purpose of the Union and that the said property should be requisitioned. Thereafter by an order dated April 23, 1953 the said property was requisitioned under sub-section (2) of Section 3 and Section 4 of the RAIP Act and it isstated by the petitioners that possession of the said property was taken from the petitioner No. 1 and was placed at the disposal of M/s. Deccan Airways.

(3.) It appears that upon Deccan Airways vacating the said property it was allotted to and placed at the disposal of the Jammu and Kashmir Government by letter dated January 7, 1955 pursuant to the request of the said Government for allotment of the said property. The said Government opened an emporium in the said property which was utilised basically for promoting national integration and awareness of the culture and arts of various parts of the country by selling handicrafts and other items, the production design and consumption of which were peculiar to the State of Jammu and Kashmir.