RAMCHARAN Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) CHALLENGING the order-dated 24.12.2005 passed by the Estate Officer, Airport Authority of India, exercising powers under The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereinafter referred to as 'Act of 1971), directing for evicting the petitioners from the property in question and the order-dated 28.2.2006 passed by the District Judge, Bhopal dismissing the appeal, filed by the petitioners under section 9 of the Act of 1971, both these petitions have been filed.

(2.) AS the facts and question of law involved in both these petitions are common, they are being disposed of by this common order. Pleadings and documents available in Writ Petition No.3290/2006 are being referred to in this order.

(3.) SHRI R.N. Singh, learned Senior Advocate for the petitioners, taking me through the statement of respondents' witness namely SHRI D.K. Saxena recorded before the Estate Officer filed at page 26 of the paper book, argued that in the show cause notice issued to the petitioners and the grounds for eviction, it is shown that the land earlier belonged to the Nawab of Bhopal, thereafter it was recorded in the name of Hawai Adda, it was under their custody for sometime. Hawai Adda was functioning under the Central Government and in the year 1994 the Central Government handed over possession to the Airport Authority of India. Accordingly, it is stated that the Airport Authority is claiming their right to the property, but in the revenue records the land is not at all shown in the name of Nawab of Bhopal. It is the case of the petitioners that in the revenue records in the year 1939-49, the land is shown in the name of Mohammed Asgar Ali. In the year 1945, Mohammed Asgar Ali gave 'Shikmi' right to the Ramcharan's father Waliram @ Kashiram, who remained in possession and after death of Waliram @ Kashiram, it is stated that the petitioners are in possession. To establish their claim, the petitioners have filed certain Khasra entries of the land for the period 1964-65, 1965-66, 1966-68, 1973-74 to 1976-77 and then from 1976-77 upto 1980-81 and an unregistered will executed by Waliram @ Kashiram. Based on these records petitioners claim their right to the property. According to SHRI R.N. Singh, learned Senior Advocate, when the Airport Authority of India is exercising their right to the property and are claiming eviction of the petitioners from the property in question, on the ground that it is a Public Premise owned by the Government of India or its authority, the law mandates the respondents to establish their claim by producing adequate evidence to show that the property is in the ownership of the Government of India or the Airport Authority.