VIPIN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri K. K. Arora, learned Counsel for the petitioner and Sri Gopal Saxena for the respondents.

(2.) BY this writ petition, the petitioner has prayed for quashing the judgment and order dated 25th July, 2007 passed by the Additional District Judge dismissing the Misc. Appeal No. 65 of 2002 filed by the petitioner against the order dated llth March, 2002 passed by the Estate Officer, Meerut Cantonment under sub-section (1) of section 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 directing eviction of the petitioner from the premises in question.

(3.) FACTS giving rise to this writ petition briefly noted are; Bungalow Nos. 56 and 57 Royal Hotel, Mall Road, Meerut Cantonment was held by one Mr. J. A. W. Price and Lt. Colonel A. M. L. Price as old grant under general order No. 179 dated 12. 9. 1836 of the Governor General in Council bearing G. L. R. No. 221 having an area of 2. 479 acres under the management of Defence Estate Officer, Meerut Cantonment. A notice dated 17th April, 1980 was issued by the Government of India Ministry of Defence to Mr. J. A. M. Price and Major A. M. L. Price stating that Bungalow No. 56 and 57 bearing G. L. R. Survey No. 221 belong to the President of India and held by them under the Governor General Order No. 179 dated 12th September, 1836 and the Government has decided to resume the said land and building standing thereon. The notice directed them to quit and deliver possession on the expiry of one month from the date of service. The notice also offered an amount of Rs. 86,100/- as a value of the authorised erections standing thereon. A writ petition being Writ Petition No. 4599 of 1985, Retd. Col. A. M. L. Price and another v. The Union of India and others, was filed challenging the notice of resumption. Another writ petition being Writ Petition No. 9364 of 1965 was filed by Lt. Col. A. M. L. Price challenging the communication of the District Magistrate, Meerut dated 21st July, 1985 intimating that property in question has been vested in the State and a receiver has been appointed. Both the writ petitions were dismissed by a Division Bench of this Court vide judgment and order dated 25th September, 1996. A notice dated 5th April, 2000 was issued to the petitioner by the Estate Officer, Meerut Cantonment under section 4 of Public Premises (Eviction of Unauthorised Occupants ). Act, 1971 to show cause on or before 29th May, 2000. The petitioner filed his objection and affidavit claiming that the premises in question was never old grant and the petitioner is a legal tenant. The Estate Officer after considering the objection of the petitioner passed an order directing eviction of the petitioner from Suit No. 23 in Bungalow No. 56 and 57, Royal Hotel, Mall Road, Meerut Cantonment. An appeal being Misc. Appeal No. 65 of 2000 has been filed by the petitioner, which has been dismissed by the judgment and order dated 25th July, 2007. This writ petition has been filed by the petitioner challenging the aforesaid two orders.