UNION OF INDIA Vs. PARKASH CHAND

JUDGEMENT

(1.) THIS is defendant's second appeal directed against the judgment and decree of the Courts below whereby suit of the plaintiffs (respondents herein) has been decreed.

(2.) PLAINTIFFS had filed suit for declaration that the order of resumption of the land comprised in bunglow No. 65, bearing GLR Survey No. 290 situated in Ambala Cantt. measuring 4.42 acres referred to in letter No. 701/252/L/L&C/71 dated 28.9.1973 issued by the Joint Director, Military Lands and Cantonments, for and on behalf of Union of India is illegal, void, mala fide, arbitrary, unconstitutional and without jurisdiction and as such ineffective qua the rights of the plaintiffs. Plaintiffs had also sought a decree for permanent injunction restraining the defendants from dispossessing them. On contest, trial Court passed a decree for declaration in favour of the plaintiffs and in consequence thereof, resumption order was held to be illegal, void and ineffective and not binding upon the plaintiffs. Defendants were also restrained from dispossessing the plaintiffs from the property in dispute except in due course or law. However, the learned District Judge while maintaining the judgment and decree of the trial Court, observed that the judgment would not stand in the way of the defendants in initiating proceedings for resumption of disputed land after compliance of the statutory formalities. The Courts below on the basis of the judgment of the Division Bench of this Court in The Union of India and others v. Hardarshan Sahi, 1974 P.L.R. 723, have quashed the resumption order primarily on the ground that a notice was required to be served before the property in dispute had been ordered to be resumed. The Courts held that since notice was not served and opportunity of hearing was not given to the respondents, resumption order dated 28.9.1973 suffers from legal infirmity.

(3.) IT is not in dispute that the plaintiffs are in possession of the property in dispute on what are known as 'old grant' terms. The terms are contained in Order No. 179 dated 12.9.1836 issued by the Governor General of India in Council and have been produced on record. By this order, the Governor General of India in Council was pleased to rescind various orders in force in regard to the premises or buildings situated within the limits of military cantonments, and to substitute them for Regulations contained in the order and the Regulations were to have effect from the date of their promulgation at the different stations of the Bengal Army. Regulation-6 contained in the said order is relevant and it reads as under :-