B.S. Chauhan, J. - (1.) This petition has been filed for quashing the notices dated 14.12.2001 and 05.02.2001 and the Order No. 179 dated 12.09.1836 of Governor General-in-Council.
(2.) The notice dated 14th December, 2001 has been issued by the Under Secretary to the Government of India for and on behalf of the President of India and mentions that the land comprising site of Bungalow No.l, Elgin Road, bearing General Land Register (hereinafter called 'G.L.R.') Survey No. 214, New Cantonment, Allahabad measuring 3.20 acres (hereinafter called the 'premises in dispute') belongs to the President of India and is held by the petitioners on Old Grant terms as set out in the Governor General-in-Council's Order No. 179 dated 12.09.1836 under which the Government is entitled to resume the land and that the Government has decided to resume the said government land and obtain possession of the structures -standing thereon upon payment of compensation for the authorised structures as per the terms of the Grant. The petitioners have been asked to deliver possession of the aforesaid land together with structures, standing thereon failing which the Government would resume the possession. The notice dated 5th February, 2002 has been issued by the Defence Estates Officer to the occupiers of the outhouse of the said premises and a copy of the aforesaid notice dated 14th December, 2001 has also been enclosed and they have also been asked to handover the aforesaid land together with structures.
(3.) The petitioners have placed on record the Deed dated 1st September, 1943 executed between Kirk Session of the Church of Scotland at Allahabad and Smt. Mohini Devi Kapoor. A perusal of the said Deed indicates that on or about 22nd day of March, 1873, a piece of land situate in New Cantonment at Allahabad was granted to the Reverend J. Williamson Chaplain of the Church of Scotland as a separate estate for the purpose of erecting thereon a "Manse", The members of the Church in the year 1874 erected and built on the said piece of land, a lower roomed messuage tenement/dwelling house known as "Manse" together with outhouses, stables and coach houses. By a Deed of Transfer dated 07.11.1901, Mr. Henry Charles King and Wilkie Adolphus Mc Reddie, Elders of St. Andrews Church of the Scotland at Allahabad transferred to the Kirk Session at Allahabad all that lower roomed messuage tenement/dwelling house known as "Manse" and the Hall known as "Saint Andrews Hall" situate in the Church Compound and the organ and accessories in Saint Andrews Church at Allahabad and all the furniture in or about the premises. Thereafter, the Kirk Session agreed to sell, transfer and convey to the purchaser (Smt. Mohini Devi Kapoor), the said lowered roomed messuage tenement known as "Manse" but not Saint Andrews Haul nor the organ or furniture or accessories referred to in the deed dated 7th November, 1901. The Governor General-in-Council through the Commander-in-Chief sanctioned the sale and transfer to the purchaser as communicated by letter dated 30th June, 1943 from the Military Estate Officer, Allahabad Circle, Allahabad. The deed further recites that in pursuance of the aforesaid agreement and in consideration for a sum of Rs. 22,000/-, the Vendor (Kirk Session) conveyed, sold, assigned to the purchaser (Smt. Mohini Devi Kapoor) all that lower roomed messuage tenement or dwelling house shown as "The Masne" standing erected and built on the said site free from all encumbrances subject to the Laws, Rules and Regulations of the Military Cantonment and the conditions contained in the application to Government for transfer.;