POWERS CABLES PRIVATE LTD. Vs. B. K. POTDAR

JUDGEMENT

(1.) The Hindustan Electric Company had agreed to purchase from the State Government the land and building of the ex-Military Vehicles Depot near Vithalwadi at Ulhasnagar and took possession of the same. In its turn, the Hindustan Electric Company agreed to sell a portion of the same to the petitioner subject to the sanction of the Government. This permission the Government gave on July 19, 1958. The petitioner entered into possession of the land. Eventually, sale deed was executed.

(2.) It seems that near this land is situated land which is a part of the pool of properties constituted under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act). It was discovered that the petitioner had encroached upon a large area of that land. The Administrator of Ulhasnagar Township issued to the petitioner notice dated March 31, 1966, to show cause why the encroachment should not be removed. Sufficient time was given for the purpose and the inquiry was fixed on April 15, 1965. The petitioner then asked for particulars of encroachment. The Manager of the Township then furnished a sketch to the petitioner. Later, the petitioner filed a written statement before the Manager on Feb. 7, 1967. Thereafter, inquiry was held on April 23, 1967, and on May 26, 1967, the Manager passed an order for removal of encroachment in an area of 25,915 square yards under section 19 (3) of the Act.

(3.) The order (Exh. E) shows that detailed survey was carried out by the District Inspector of Laud Records and he found that there was encroachment of an area of 25,915 square yards. It also shows that the petitioner had no defence.