AIRPORTS AUTHORITY OF INDIA Vs. AMERSINGH CHANDANSINGH

JUDGEMENT

(1.) IN this petition, the petitioner, a statutory body created under the Air Ports Authority of India Act 1994, has approached this Court challenging the order dated 9/2/1998 under provision of Section 9 of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, allowing the appeal and quashing and setting aside the order of the Estate Officer dated 23/12/1997 impugned therein by the private respondents. The ground for rejection of the appeal as could be seen from the order impugned touches upon the aspects that could ordinarily be not gone into in a summary proceeding in view of the settled provision of law.

(2.) DURING the course of haring, learned counsel appearing for the petitioner therefore requested for time to receive specific instructions qua the petitioner's willingness to take out appropriate proceedings in respect of the land bearing Survey No. 76/2 and land bearing No. 76/3/1 of Village Hansol as though there are village entries available which could be relied upon for indicating title, the original notification as on date is not available and, therefore, it would be appropriate to prefer proceedings under the Civil Court for establishing right entitled qua parcels of lands which would result not pressing this petition qua those parcels of land bearing Survey No. 76/2 and Survey No. 76/3/1. So far as land bearing Survey No. 76/1 of Village Hansol is concerned, let the matter be remanded to the concerned appellate authority for deciding it afresh after giving opportunity to both the sides to convince the authority qua their respective claim.

(3.) MS . Jani, learned counsel appearing for the private respondents submitted that, there cannot be any objection to such a request and she concurs with the submissions made on behalf of the petitioner so far as the question of remand of the matter is concerned, and she submits that the liberty be also reserved to private respondents qua two plots to make out appropriate submissions as and when proceedings of any nature are being taken in respect of those parcels of lands.