UNION OF INDIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition, under Article 226/227 of The Constitution of India, has been filed seeking the following reliefs:-

(2.) The matter pertains to a Military Camping Ground in District Nainital known as Khairna Bridge Camping Ground, District Nainital. The Defence Department, New Delhi, issued a judicial notice dtd. 1/4/1937 being Notification No.235 indicating that for the purposes of clause (a) of sub-sec. (1) of Sec. 172 of the Government of India Act, 1935, the Governor General in Council is pleased to certify that the lands specified in the Schedule hereto annexed, together with the Buildings situated thereon, have been retained by the Government General in Council for future use for purposes which will hereafter be purpose of the Federal Government. As per the said Notification, a part of 1.57 acres of land was owned and possessed by Defence Department. In revenue records, the land is recorded as "Kaisar-E-Hind". In another part of land, as per prevalent policies, lessees were inducted by granting lease deed. In plot no.185 measuring 0.75 acres, plot no.188 measuring 0.05 acre and plot no.189 measuring 8.75 acres, total area 1.50 acre, which was popularly known as Khairna Bridge Camping ground Sri Kishori lal Sah and Sri Brij Lal Sah were inducted as lessees by executing registered lease deed for period of four years w.e.f. 1/6/1951. The land was allotted to these lessees for agricultural purpose. These lease deeds were extended from time to time and the lessees continued to remain in possession of the land in dispute during the period of continuance of the lease. However, by notice dtd. 6/10/1986, lease of Brij Lal Sah came to an end and he was directed to return the possession. Basant Lal Sah S/o Kishori Lal Sah filed a suit for permanent injunction against the petitioners in the court of Munsif, Nainital (now known as Civil Judge, Junior Division), thereby praying that he may not be evicted except due process of law. Said suit was dismissed. Thereafter, petitioner started proceedings against Basant Lal Sah for eviction under the Public Premises Act, 1971. On coming to know that aforesaid Khasra numbers, which is the property of Ministry of Defence, Union of India, is recorded as 'Banzar' land in the name of State Government in the revenue records, petitioner no.2 moved an application before the Sub Divisional Magistrate, Nainital on 23/2/1994, to record the name of Defence Department, Union of India, instead of State On 28/3/1995, again an application was moved before the S.D.M., Nainital, stating that the name of Government of Uttar Pradesh has wrongly been entered in the revenue records against the relevant Khasra numbers and that the same be corrected in the name of Defence Department, Union of India. S.D.M., Nainital, in reply to the letter dtd. 28/3/1995, wrote a letter dtd. 20/5/1995 stating that the land other than khasra nos.430, 429 and 418 is in the possession of lessee Basant Lal Sah and a suit is pending disposal in the court of Munsif Magistrate, Nainital.

(3.) The Commissioner, Kumaun Division, Nainital, by order dtd. 14/12/2004, transferred 22 Nali 6 Muthi 'Banzar' land situated in Village Chhara, Patii Majera, Tehsil and District Nainital, which was in the possession of Defence, to the Mandi Samiti with immediate effect, subject to the approval of the State Government. On the selfsame day, by order of Sub Divisional Magistrate, Nainital, name of Mandi Samiti was mutated in the revenue records. Thereafter, on 22/9/2007, S.D.M., Nainital wrote a letter to the Commanding Officer, Kumaun Regiment, Ranikhet, requesting him to direct any competent officer to appear on 1/10/2007 along with the relevant records. In reference to the letter dtd. 22/9/2007, petitioner no.2 wrote a letter to S.D.M., Nainital on 12/10/2007, stating that the land in dispute is under the possession and is in use of Army Station Headquarter Ranikhet. In past, one individual Shri Basant Lal Shah has claimed a portion of this land as his own but the same has been rejected by Civil Court Nainital. Now, Krishi Utpadan Mandi Samiti Haldwani has claimed ownership over this piece of land and they are keen to take possession from the Army. Thus, petitioner no.2 requested the S.D.M. to look into the matter personally so that the Army Camping Ground land cannot be handed over to the Mandi Samiti without verifying the records of Defence Department. Thereafter, on 15/10/2007, respondent no.2 issued a notice to the Subedar Kumaun Regiment, Ranikhet to produce the documents relating to title of the property, showing ownership of the Government of India, by 30/10/2007, failing which the sign board of Defence will be removed and the land will be demarcated in the name of Mandi Samiti Garampani. Feeling aggrieved by letter/notice dtd. 15/10/2007, petitioners approached this Court by filing the present writ petition. During the pendency of present writ petition, the matter was referred to the District Magistrate for settlement of dispute. District Magistrate, by its order dtd. 8/11/2010, rejected the claim of the petitioners. Subsequent thereto, petitioners got amended the writ petition by challenging the order dtd. 8/11/2010; Director, Mandi Samiti, Haldwani, District Nainital was also impleaded as respondent no.3 in the array of parties.