AMITAVA LALA,J. - (1.) SINCE the dispute in both the writ petitions relates to the selfsame property, both have been heard analogously and are being decided by this common judgement having binding effect in both the writ petitions, however, taking Civil Misc. Writ Petition No. 12939 of 2007 as leading case.
(2.) THIS writ petition, being Civil Misc. Writ Petition No. 12939 of 2007, has been filed by the petitioners praying inter alia as follows: "i) to issue a writ order or direction in the nature of certiorari quashing the order passed by respondent no. 1 dated 27.10.06 and 14.2.07 rejecting the representation of the petitioners (Annexure: 34 and 35); ii) to issue a writ order or direction in the nature of mandamus commanding the respondents to handover the vacant possession of the property to the petitioners in view of Section 6 of Act No. 30 of 1952 as the period of 17 years had expired; iii) to issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; and iv) award costs of the petition to the petitioners." According to the petitioners, one Aizaz Husain was the original owner of various landed properties inclusive of Khasra No. 2197 having an area of 67-11-0 bigha, which is equivalent to 33.94 acres, the land in question herein. Said land was non-zamindari abolition (Non-Z.A.) land. The respondents did not dispute with regard to right title interest of said Aizaz Husain (since deceased) in respect of the landed property in question. The land was required by the defence personnels by way of Fauji Parav. On being questioned, the respective counsel appearing for the parties have given an impression to this Court that in the earlier occasion when defence people were proceeding for war or for any other reasons, they used to halt somewhere and utilize the land, which is in the nature of acquisition without intervention of Land Acquisition Act, 1894. Such action on the part of the defence people was known as ' Fauji Parav'. However, an order of requisition was passed on 01st April, 1937 under the Government of India Act, 1935 (hereinafter in short called as the 'Act, 1935') and various land including the land in question became the subject matter of requisition. In 1952 the Central Government declared the property as surplus to the military requirements. The District Planning Officer, Muzaffarnagar vide letter dated 12th May, 1952 informed the other departments whether any of the camping ground is needed by the revenue department, etc. or not. According to the petitioners, such action was absolutely without jurisdiction. Since the property was lying abandoned, the petitioner no. 1 along with Mohd. Kaisar and Ali Husnain occupied such portion and subsequently filed a civil suit, being Original Suit No. 49 of 1994 (Mohd. Kaisar and others Vs. Union of India and another), before the appropriate Civil Court for the purpose of declaration and injunction in respect of some portion of the land in question to the extent of 16-11-0 bighas.
(3.) SO far as right, title and interest of the petitioners are concerned, it is clarified by the petitioners not only in paragraph-32 of the writ petition but also in the civil suit that they have inherited the property of Aizaz Husain. The genealogical table of the petitioners is set out hereunder: Aizaz Hussain Wazid Hussain Intzaam Hussain Zulfikar Hussain (Died issueless) (Died issueless) Sayeed Husnain @ Buddhu @ Mohd. Husnain S.Ali Husnain Mohd. Kaisar Mohd. Nayyer Mazhar Wasi Naqi Aizaz Fayyaz Mukarrba Husnain Husnain Husnain Husnain Husnain Husnain Husnain Nawaz ;