UNION OF INDIA Vs. BHAGUBHAI VITHALBHAI PATEL

JUDGEMENT

(1.) THIS Revision Petition is filed by the Railways challenging an order dated 26.04.2013 passed by the learned Additional Senior Civil Judge, Surat below application Exh.15. Having heard learned Counsel for the parties, I proceed to dispose of this Revision Petition finally.

(2.) FEW facts would be essential. It appears that the Railway authorities had granted certain lands along the railway tracks for personal cultivation to its employees under a scheme framed by the Railways referred to as "Grow More Food Scheme". According to the Railways, such lands were alloted to its employees only for cultivation in order to achieve greater food grain production. It was never intended to transfer any right, title or interest in the lands in favour of such allottees. Essentially, it was Government land and could not have been divested by the Railways or any one else. Even the allottees could not have transferred the possession of the land which was given to them for personal cultivation only. Despite this, the allottees had transferred the lands in favour of the present respondent, who, according to the Railways, is thus in unauthorised occupation thereof.

(3.) TO evict the respondent from occupation of public premises, the Railways instituted a proceeding before the competent authority under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ("the Act" for short), in which the said authority passed an order of eviction on 12.05.2011. Such order has been challenged by the respondent before the District Court. Pending such appeal, since no stay was granted against eviction, the respondent had filed Special Civil Application No.4145 of 2012. The High Court allowed the writ petition on 08.05.2012 and passed the following order: -