MOINUDDIN Vs. AIRPORT AUTHORITY OF INDIA AND OTHERS

JUDGEMENT

(1.) (15/9/2015) PER SANJAY YADAV, J This revision under Section 115, Code of Civil Procedure, 1908 is directed against the order dated 24.6.2013, passed by District Judge Bhopal in Civil Appeal No. 172 A/2011.

(2.) The Estate Officer, Raja Bhoj Airport Bhopal initiated proceedings under Section 5 Public Premises (Eviction of unauthorized Occupants) Act, 1971 : PPE Case No. 2/2011. After issuance of notice under Section 4 of 1971 Act, the Estate Officer vide order dated 26.8.2011 directed eviction of the Applicant from suit land 5550 sq. ft. which form part of Khasra No. 55, 57 and 158 which in all comprises of 11.25 acres at village Laukhedi, Tahsil Huzur, district Bhopal forming part of land of Airport Authority of India.

(3.) Responding to notice under Section 4 it was contended by the applicant that the land area was given by Ex Ruler, Nawab of Bhopal to his father Naseeruddin by way of Inayatnama dated 20.6.1945 and since then he is in possession thereover. It was also contended that earlier in the year 1997 the applicant was proceeded against in 1971 Act with the issuance of notices on 7.2.1997 and 14.2.1997, however, since no action thereon was taken it was not within the powers of the Authorities to reinitiate eviction proceedings. Estate Officer rejected the contention and vide order dated 26.8.2011 held the suit land forming part of Khasra No. 55, 570/58, being part of Aerodrome recorded in the name of Airport Authority of India.