SHRI YARALAGADDA VENKANNA CHAUDARY Vs. UNION OF INDIA (UOI), REPRESENTED BY UNDER SECRETARY TO GOVERNMENT MINISTRY OF DEFENCE

JUDGEMENT

(1.) ADMITTEDLY an extent of 9 -72 acres of land belonged to the Secretary of State for India in Council and it was granted on lease in Form B of the Cantonment Code, 1899, under a lease deed dated 3rd August, 1901 in favour of one Malik Mohideen Hossain Khan Sahib son of Malik Mahomed Tecky Ali Khan Sahib, The petitioner herein claims to be an assignee of the interest of the lessee in respect of the land in question. The Government of India, in the Ministry of Defence, by an order dated 5th May, 1971 resumed the leasehold interest in respect of an extent of 5 -32, acres of land under Condition XXVII of the lease and offered a sum of Rs. 507 as the value of the erections standing on the land. The Writ Petition has been filed praying for the issue of a writ of certiorari to quash this order of the Government of India.

(2.) THE principal question that is urged before me by the learned Counsel for the petitioner is that under the lease dated 3rd August, 1901 resumption can be effected only by the local Government and not by the Government of India -Condition XXVII is that

(3.) PART III of the Government of India Act, 1935 dealing with the Governors' Provinces came into force with effect from 1st April, 1937 under Government of India (Commencement and Transitory Provisions) Order, 1936 and Section 312 provided that the provisions in that part shall apply in respect to the period elapsing between the commencement of Part III of this Act and the establishment of the Federation. Under Section 313 (1) of the Act