MANU/DE/8546/2023

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IN THE HIGH COURT OF DELHI

W.P. (C) 11198/2023 and CM Appl. 43569/2023

Decided On: 18.12.2023

Appellants: Kunwar Mahender Dhwaj Prasad Singh Vs. Respondent: Union of India*

Hon'ble Judges/Coram:
Subramonium Prasad

JUDGMENT

Subramonium Prasad, J.

1. The Petitioner claims to be the successor and heir of the Beswan family and claims property rights to the Beswan Avibhajya Rajya as its ruler, which consists of United Province of Agra running between river Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahr including, 65 revenue estates of Delhi Gurgaon and Uttarakhand. The Petitioner has approached this Court by filing instant writ petition praying for the following reliefs:

"a) Direct the Union of India by appropriate direction to adopt the process of merger, accession or enter into treaty with the petitioner and acquisition of territories of the petitioner and pay the due compensation to the petitioner.

b) Direct the Union of India not to conduct election for Lok Sabha, Rajya Sabha, Assemblies, Local Bodies within the territory of petitioner, without following the due process of law for merger of sovereign state United Provinces of Agra i.e. Sovereign State of Beswan Avibhajya Rajya of Beswan territories of petitioner into Union of India.

c) Direct the Union of India not to collect any revenue with immediate effect within the territory of petitioner without following due process of law merger, acquisition and payment of compensation.

d) Direct the Union of India to assess the revenue so far collected ever since 1950 to till date within the territory of petitioner and pay the same to the petitioner or deposit in Hon'ble Court as per law.

e) Direct the Union of India not to carry out any construction work/ allow any construction work in agricultural land and any other land within the territories of the petitioner till decision of the present Writ Petition including unauthorised colonies area.

f) Direct the Union of India not to take any decision in respect of all unauthorized colonies 1731 and 69 situated on the territory of petitioner without following the merger or acquisition and payment of compensation as per law.

g) Direct the Union of India, if not possible to acquire the land and properties of petitioner merger, ultimately get the territories of the petitioner vacated and handover the same to the petitioner.

h) Direct the UOI till such time, the territories are handed over to the petitioners no construction, alteration or any lease/ allotment of the land or the properties be allocated without the permission of the court, deposit of compensation in the court, the properties of the petitioner be protected from creating 3rd party interest by competent authority/ officials of Union of India.

i) Any other relief which the Hon'ble Court may deem fit. and proper on considering that the territories of the petitioner have been trespass encroached upon misused and heavy damages cause to the property and financial loss, cause to the petitioner, may also be passed in favour of the petitioner and against the respondent.

j) Alternatively till merger, accession, acquisition process is completed, the U.O.I. may be directed to take the sensitive area of Delhi be taken on lease on payment of lease amount, from the petitioner being owner of land and properties in question, with permission of Hon'ble Court."

2. The Genealogy given by the Petitioner by which the Petitioner traces his rights on the properties reads as under:-

BESWAN AVIBHAJYA RAJYA

Beswan Estate, Hathras Estate, Mursan Estate, Vrindavan Estate, Jarkhi Estate

PEDIGREE

Raja-Thakur Makhan

!

Raja- Thakur Nand Ram (1645-1695)

!

Raja- Thakur Jai Singh

!

Raja- Thakur Badan Singh

!

Raja- Thakur Bhure Singh (Died in 1775 AD)

!

Raja- Thakur Naval Singh (Died in 1800 AD)

!

Raja- Thakur Harkishan Singh (Died in 1808)

!

Raja- Thakur Gir Prasad Singh (Died in 1880)

!

Raj........