Land Dispute Resolved: Supreme Court Restores Possession to Appellants

The case of Parmanand Singh (D) Through LRS vs. Union of India was a significant land dispute where the Supreme Court had to determine whether the appellants, who claimed possession of land since 1930, were unlawfully evicted under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

The dispute originated in 1974 when the State Government, acting on behalf of the Union of India, initiated proceedings to evict the appellants, claiming the land belonged to the government. This led to multiple legal battles under the U.P. Zamindari Act and U.P. Tenancy Act, culminating in the Supreme Court’s final decision.

Arguments Presented

Petitioner’s Arguments

The appellants argued that:

• They had been in possession of the land since 1930 and were legally entitled to it.
• Proceedings under the Public Premises Act were initiated improperly, as they were not unauthorized occupants.
• They were denied a fair hearing and an opportunity to present evidence to support their claim.

Respondent’s Arguments

The Union of India contended that:

• The land belonged to the government and had been allotted to ex-servicemen.
• The appellants had no legal right to the land and were lawfully evicted.
• Possession had already been taken in 1974, and leases were granted to third parties.

Supreme Court’s Observations

The Supreme Court found several inconsistencies in the government’s actions, stating:

“The effect in law, therefore, of the dismissal for default of suit No.1 of 1974-75 on 6th April, 1977, is that the appellant’s status is that of a hereditary tenant.”

The Court also highlighted that the eviction proceedings lacked jurisdiction because the appellants were not unauthorized occupants:

“As this is so, all the orders that have been passed by the authorities as well as the High Court are without jurisdiction.”

Final Judgment

The Supreme Court set aside the previous orders and restored possession of the land to the appellants, ruling:

“The khatauni numbers shall be handed back to the appellants, if they are not in possession of these khatauni numbers already.”

The Court further directed that if any part of the land was occupied by ex-servicemen, they should be provided alternative land by the Union of India within twelve weeks.

With these directives, the Supreme Court allowed the appeal, ensuring justice was served.

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Download Judgment: Parmanand Singh (D) vs Union of India & Anr Supreme Court of India Judgment Dated 31-08-2017.pdf