BHAVNAGAR MUNICIPALITY Vs. UNION OF INDIA

JUDGEMENT

(1.) J:- The plaintiff Bhavnagar Municipality are the appellants. The suit was filed by the plaintiff for a declaration of its title and for possession of the suit property described in the schedule to the plaint. They had also prayed for damages for wrongful occupation in respect of a portion of the property and rent for another portion, for the period from 1st, January, 1964 till possession of the property is delivered to the plaintiff. The defendants are the Union of India and the State of Gujarat. The suit property is described in two parts in the schedule to the plaint. The first part consist of a large extent of vacant land which is referred to in these proceedings as Parade Ground. The second part is covered by Survey Nos. 162, 163, 164 and 165 on which structures of old Lancer's lines, are standing and certain evacuees were occupying at the time of the suit. This second part is sometimes referred to as Lancers quarters and also sometimes as Rasala Lines. The plaintiffs' case was that by Resolution No. 37 dated, 19th January, 1984 published in the Bhavnagar Darbar Gazette dated 24th January, 1948.

(2.) So far as the Lancer quarters or Rasala Lines is concerned it was stated in the plaint that the structures in the land covered by the Survey numbers referred to in part 2 of the schedule to the plaint did not belong to the plaintiff, that the same were occupied by the State Lancers and subsequently by the refugees, and that the plaintiff allowed the land and the structures thereon to be used free by the Government. However, they were entitled to recover rent or compensation in respect of this land for the period from 1st January, 1954 till delivery of possession.

(3.) The Union of India filed a written statement which was adopted by the State of Gujarat. It was contended by the defendants that the Parade Ground was used by the Ex-Bhavnagar State forces and that barracks and other military buildings used for accommodation of the Ex-Bhavnagar State forces known as Lancer's Lines were in existence for a long time prior to 1948 in the suit property known as Rasala Lines and that consequent upto the Bhavnagar State acceding to the Indian Union and consequent on the Federal Financial Integration of States, the accommodation, lands and buildings in the use or occupation of the Ex-State forces were transferred to the Government of India and became its property. The Board of officers consisting of six members including Executive Engineer, Public Works Department as representative of the State of Saurashtra was constituted and the buildings known as infantry lines and Lancer's lines were taken over on 7th June, 1951 by the Government. of India. They further stated that the State of Saurashtra admitted the ownership of the suit property and the structures vested in the Defence Ministry from the date of Financial integration and when the State of Saurashtra, (as it was then known) required the land of -the Parade Ground for this use that was handed over to the Saurashtra Government on 7th July, 1952 by the military engineers of the Government of India. The defendants denied that either the Resolution No. 37 dated 19th January, 1948 or Resolution No. 77 dated 29th February, 1948 vested in the plaintiff the land of the Parade Ground or the. lands and buildings known as Rasala Lines. The defendants also denied that they were trespassers or liable to pay damages and rent in respect of the suit property.