Pursuant to the above order possession was taken from appellant Nigam on January 2, 1964 and was handed over to the General Manager, Ordnance Factory, Kanpur.
Steps were to be taken for his eviction after giving information as to the cancellation of the allotment in the letter aforesaid dated 31 10 1962.
And whereas it has number been decided that the said property shall be released from requisition with immediate effect.
This order is dated 7 12 1963.
6 and 60 Industrial Estate for starting Artisan Training School by the Ordnance Factory, Kalpi Road, Kanpur.
The order reads as follows Whereas in my opinion it is necessary and expedient to requisition unit No.
Now, therefore, in exercise of the powers companyferred by Sub section 1 of Section 35 of the Defence of India Act, 1962 Act No.
The petitioner unsuccessfully prosecuted his writ petition before the learned single Judge of the Highs Court.
Thereupon the petitioner filed a writ petition in the Allahabad High Court to issue a writ in the nature of mandamus against the respondent directing to deliver possession of the property in dispute to the appellant and number to deliver possession to any other person.
But it appears after the provisional allotment Nigam was put in possession of the land.
Then came the derequisitioned order passed by the District Magistrate under Section 35 of the Act on 20 1 1967.
Finally he was informed by the Manager of Industrial Estate, Kalpi Road, Kanpur in his letter dated 31 10 1962 that the State Government has number approved the allotment in your favour and the provisional allotment made in your favour stands cancelled.
No steps were taken by the Industries department for taking formal or symbolical possession of the plot in question after it was requisitioned by the District Magistrate.
60 in the Govt.
He failed in appeal also.
The de requisition order reads as follows Regarding requisition of Unit No.
5589/18 1 LA/63, dated January 14, 1963 issued by Revenue B Department /18 Bhardwaj, District Magistrate, Kanpur hereby requisition the aforesaid Unit and order that possession thereof be delivered by 11 12 63 to the General Manager, Ordnance Factory, Kalpi Road, Kanpur, after removing therefrom any furniture or other articles.
ORDER Whereas the property specified in the schedule hereto appended was requisitioned by the order of the District Magistrate, Kanpur dated 7 12 1963 until further order.
I further order that the Tahsildar, Kanpur shall arrange for the delivery of possession of the aforesaid unit to the General Manager, Ordnance Factory, Kalpi Road, Kanpur at the expiry of the period indicated above, if the possession is number delivered in companypliance of the above order.
560 of 1970.
The facts of the other appeal viz.
51 of 1962 have been companyferred on me by the Government of Uttar Pradesh under Notification No.
It appears, however, that possession of the property had been given to the Industries department.
Civil Appeal No.
Nigam made an application to the Director of Industries, Uttar Pradesh for allotment of the plot to him for industrial purposes.
Industrial Estate, Kanpur specified below, of which you are the person in possession for efficient companyduct of Military operations.
Hence the present appeal.
The other facts of Ms case are identical.
60 and in the other appeal it is plot No.
The plot companycerned in Nigams appeal is plot No.
By an order dated November 22, 1956 the application was provisionally accepted sub ject to the final approval of Government.
And whereas the powers of requisitioning under Section 29 of the Defence of India Act, 1962 Central Act.
But before these stepsi were taken and possession was recovered from him, the District Magistrate, Kanpur requisitioned the plot under Section 29 of the Defence of India Act, 1962 hereinafter called the Act.
Learned Counsel for the appellants submitted before us that irrespective of the disputed question of fact whether there was final allotment in favour of the appellant or number, since requisition order had been served on him and possession had been taken from him, the property and its possession on de requisition ought to have been released to him.
51 of 1962 , I, S.S. Sidhu, District Magistrate, Kanpur being the companypetent authority do hereby declare that the said property is released from requisition, and hereby specify the Director of Industries, Kanpur as the person to whom the possession of the said property shall be given.
560 of 1970 in which the appellant is Shri Amar Singh are almost identical except one which shall be stated hereinafter.
L. Untwalia, J. These two appeals by special leave have been heard together as companymon questions of law and fact are involved in them.
559 of 1970 in which the appellant is Shri Harish Chandra Nigam.
