Decided on January 17,2002

HARISH CHAND Respondents


- (1.)IN this appeal filed by the certificate granted by the Allahabad High Court under Art. 133(1) of the Constitution of India, the Union of India, represented by the Station Commander Headquarters, Faizabad; the Military Estates Officer, Lucknow Circle, Lucknow Cantonment and the Station Commander Sub-Headquarters, Faizabad, have challenged the judgment in Special Appeal No. 36 of 1976 in which the judgment of the learned Single Judge passed in Civil Misc. Writ Petition No. 1757 of 1972 was confirmed and the appeal was dismissed.
(2.)THE property in dispute is about 8.69 acres of land lying with the Faizabad Cantonment and the structures which were erected by the respondent with permission of the authorities on a portion of the same. The land was granted by the Government of India in favour of the predecessor-in-inierest of the present respondents. The grant is an "old grant" as defined under the Government Grants Act, 1895.
The grant order was subject to certain conditions including the condition in Clause (5) thereof relating to resumption of land. The said clause reads:

"(5) The Government to retain the power of resumption at any time on giving one month's notice and paying value of such buildings as may have been authorised to be erected."

(3.)IN exercise of the power of resumption vested under the clause, the Government of India by the notice dtd. 21/2/1972 resumed the land and the building standing thereon. The relevant portion of the said notice is extracted below:
"AND Whereas the Government has decided to resume the said land and the building standing thereon. Now Therefore, in exercise of the power hereinbefore mentioned, the Government hereby gives notice to you to quit and deliver possession of the aforesaid land together with structures standing thereon to the agent for the Government (Military Estates Officer, Lucknow Circle, Lucknow Cantonment) on the expiry of one month from the date of service of this notice. Please note that on the expiry of one month from the date of service of this notice your occupation and any rights, easements and interests you may have in the said land and buildings standing thereon shall cease as from that date. Take Notice further that the Govt. is prepared to pay and so offer you the sum of Rs. 11,288.00 (Rupees eleven thousand two hundred and eighty-eight only) as the value of the authorised erections standing on the land. A cheque for this amount is sent herewith."

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