Lawful possession on government land cannot be displaced by executive order; due legal process is required before removal.

Persons in lawful possession of structures erected on Government land with the State's permission cannot be dispossessed by executive order without authority of law. The State's claim that the dharmasala, temple and shops vested in it merely because they stood on its land was rejected, because bona fide constructions raised with permission do not automatically vest in the landowner. Even if the property was of a public charitable character, removal of the trustee or manager had to follow due legal procedure, including proceedings such as those contemplated by Section 92 of the Code of Civil Procedure, and not forcible action. The executive orders and dispossession were unlawful and infringed fundamental rights.

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Issues: Whether the petitioners could be dispossessed from the dharmasala, temple and shops by executive orders without authority of law, and whether such action violated their fundamental rights.

Analysis: The petitioners were in possession of constructions raised with the State's permission on Government land, and were not trespassers. The State's position that the structures vested in it merely because they stood on its land was rejected, since constructions erected bona fide with permission do not automatically vest in the landowner. Even assuming the property was of a public charitable character, the trustee or person in management could be removed only by procedure known to law, including appropriate legal proceedings such as those contemplated by Section 92 of the Code of Civil Procedure, and not by executive order. The respondents pointed to no legal authority permitting forcible dispossession or the Municipal Committee's assumption of management.

Conclusion: The executive orders and the forcible dispossession were unlawful and infringed the petitioners' fundamental rights; the orders were quashed and interference with the petitioners' management was restrained.

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