KASTURI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioners have prayed for delivery of possession of the land described in Para 5.2 of writ petition with further prayer of providing mesne profit @ Rs.25,000/- per annum. In alternative, it is prayed that if respondents had acquired the aforesaid land, they be directed to provide adequate compensation on the basis of market rate.

(2.) SHRI A.K. Nirankari, learned counsel for the petitioner by placing reliance on Annexure P-1 to P-4 submits that the demarcation shows that land is in possession of the petitioners. By placing reliance on the reply to the legal notice by the respondents, it is admitted by the respondents that they are in possession of the land of the petitioners.

(3.) A bare perusal of the record shows that petitioners have not filed any document which shows ownership of the petitioners on the land in question. No title or other relevant documents are filed to show the ownership. The respondents in their reply have denied the allegation and have specifically stated (Page 32) that no encroachment has been made by the respondents.