Ismailbhai I. Kansara (D) Th. LR v. State of Gujarat & Ors.
Background
The appellant had encroached on evacuee land (land vested in the government after Partition for allotment to displaced persons) in Godhra, Gujarat since 1976, where he ran an auto garage. He was issued an eviction notice in 1992 under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. His challenge to the eviction was dismissed by a Single Judge and later by a Division Bench of the Gujarat High Court. He appealed to the Supreme Court, arguing he was entitled to regularization of his possession under government policies for encroachers.
Decision Breakdown
The Supreme Court held that the appellant's writ petition had only challenged the eviction notice itself, he had never actually sought allotment or regularization of the land in his pleadings, so the eviction notice could not be called illegal. Examining his regularization argument anyway, the Court found that the applicable government circular gave priority to "displaced persons" (people entitled to resettlement land) over mere encroachers, and the land had in fact already been properly allotted to a displaced person under that very circular. Since the evacuee land is meant first for displaced persons under the Act, an encroacher like the appellant had no superior claim once such an allotment was validly made. The appeal was accordingly dismissed.
Lesson Learnt
A person occupying government/evacuee land without authorization cannot claim a right to regularize that possession once the law gives priority to someone else (here, verified displaced persons) for the same land; also, courts will only examine the specific relief actually prayed for in the original petition, not claims raised for the first time later.