TEK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have impugned the resumption of the property in dispute firstly on an all-embracing ground that it was without the authority of law Alternatively, regulation 6 of the Governor General-in-Council's Order No. 179 dated 12th Sept. 1836, which had been invoked in issuing the impugned notice of resumption Annexure g' dated 17th Mar. 1971, by respondents Nos. 1 and 2, is being labelled as null and void as being violative of the fundamental rights of the petitioners, ranted under Arts 31 and 19 (1) (f) of the Constitution of India, and, in any case, the action of resumption is said to be suffering from the vice of discrimination and thus violative of Art. 14 of the Constitution.

(2.) BEFORE embarking upon a consideration of contentions based on the aforesaid three grounds, it is apt to first clear a confusion in regard to the identification of the property in dispute sought to be resumed.

(3.) FROM the pleadings of the parties including the replication filed on behalf of the petitioners, the facts which indisputably emerge are that the petitioners father, Lala Duni Chand, held on "old grant" terms as contained in the Governor General-in-Council's Order No. 179 dated 12th Sept. 1838 an area of 2. 98 acres in Ambala Cantt. On 30th of July 1941, the petitioners father secured on lease from the Central Government, vide Annexure 'a', en area of 0. 38 acres out of the area of 2. 98 acres held on "old grant" terms The lease, which was initially for 90 years was renewable up to 90 years. The remaining area of 2. 80 acres held on "old grant" terms was allotted Survey No 36 while the area of 0. 38 acres held on lease after 30th of July 1941 was given Survey No. 38-A. the respondents have sought to resume the site covered by Survey No-36 covering an area of 2. 80 acres and the building standing thereon which is described as Bungalow No 42, as would be clear from notice dated l7th of Mar. 1971, Annexure `d' which bears reproduction in full. It reads:-" whereas the land comprising Survey No. 36 (Bungalow No. 42 ). Ambala Cantonment masuring 2. 60 acres and bounded as follows:-North by--Brind Road and Survey No. 30-A, South by--Survey No. 35 (Buogalow No. 40) East by--R. H. A. Mess Road, West by--Survey No. 33 (Bangalow No. 43), belongs to the President of India (hereinafter called the Government) and is held. on "old grant'' terms as contained in Governor General's Order No. 179 dated 12-9-1836 under which Government are entitled to resume the said land. AND WHEREAS the said property is held on hire by the Government is in the occupation of Government. AND WHEREAS the Government have decided to resume the said property under the terms of the aforementioned Governor General's Order: NOW therefore, in exercise of the power hereinfore mentioned, the Government hereby inform you that all rights, easements and interest you may have in the said land as also in the buildings standing thereon shall cease on the expiry of 30 days of this notice. TAKE NOTICE further that the Government are prepared to pay and so offer you the sum of Rs 3,640/- (Rupees three thousand six hundred and forty only) as, the value of the authorized erections, standing on the said land. In case the amount of compensation offered is not acceptable to you, you are at liberty, if you so desire, to remove the structure so as to leave the land in the same condition in which it was before the erections. " That means that the area covered by Survey No. 36-A and which forms the subject-matter of lease-deed, Exhibit 'a; dated 30th July, 1941 is not been sought to be resumed. Further, as would clear from paragraph 2 of affidavit by way of written statement to Civil Writ Petition No. 1455 of 1971, the land covered by Survey No. 36 on which stood premises of Bangalow No. 42, was admittedly under the ownership of the Central Government (hereinafter referred to as the respondent-Government ).