Appeal court rejects argument that London mayor had no right to evict demonstrators because he did not own the land

The Parliament Square peace protesters today lost their legal challenge against eviction, and "Democracy Village", the ramshackle camp they have occupied since May Day, in the shadow of the Palace of Westminster, could now be cleared within days.

A spokesperson for Boris Johnson, the Mayor of London, appealed to the campers to respect the rulings and leave the site peacefully – an outcome some fear is unlikely, given the mixture of temperaments and causes represented in the camp.

The site was due to be cleared a fortnight ago, but the eviction notices were suspended pending the appeal.

The appeal court judges upheld the high court judgement granted to the mayor last month outlawing the camp, and rejected the argument that he had no right to evict the demonstrators because he did not own the land, which belongs to the Queen, and had failed to prove any legal title to it.

The campers' lawyers also argued an eviction order would be contrary to the rights to free speech and free assembly.

However, in a decision announced today, the judges, Master of the Rolls Lord Neuberger, Lady Justice Arden and Lord Justice Sir Stanley Burnton, upheld the original ruling that Parliament Square Gardens was an open space, which the public had a right to use.

A spokesperson for the mayor said: "In the case of the 'Democracy Village' protesters, the mayor is pleased that the court of appeal has supported the high court's decision that there are no grounds to appeal in this case and to return possession of Parliament Square Gardens to the GLA. The mayor has won on all points made in his claim, and all defences failed, vindicating his position.

"The Mayor respects the right to demonstrate – however, the scale and impact of the protest, which has gone on since 1 May, has caused considerable damage to the square – which sits alongside a world heritage site – and has prevented its peaceful use by other Londoners, including those who may have wished to conduct an authorised protest."

The ruling does not affect the original camper, Brian Haw, who has lived in the square since 2001: his own website is at pains to point out that he has "no connection or affiliation whatsoever" with the "Democracy Village" campers.

Many of the original campers, demonstrating against the war in Afghanistan and a rainbow of other causes, including BP and climate change, have moved off since the June court verdict, but their places have been taken by a number of new arrivals, including some homeless people delighted to find congenial company and regular communal meals in the heart of the capital.

Although the mayor has argued that the camp is an eyesore and off-putting to tourists, a steady stream of tourists arrives every day to photograph one another against the colourful banners and the now rather wind-battered vegetable garden.