SMT. KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner's grievance in the writ petition is that the property, which was admittedly held in ownership of the petitioner, measuring 2 kanals 8 marls in Khata No.130/284, Khasra No.754/654-662, 626/63-620/59 in revenue estate of Kala Ghannupur Urban within the Municipal limit of Amritsar has become a subject of encroachment and is in unauthorized user by the respondents. It is an admitted case again that a large chunk of property in the vicinity of the above properties was acquired through a notification issued on 28.07.1967 for a public purpose, namely, for the construction of an approach road to the Industrial Estate Development Colony. They were comprised in other khasra numbers namely in Khasra No.654/626-652/620/2/1,652/620/2/1, 654/620, 651/620/1 in the revenue estate of Kala Ghannupur. The proceedings concluded after an award was passed on 20.09.1968.

(2.) Although, the properties of the petitioner referred to above had not been acquired, in an extent of 1 kanal 8 marlas, the respondents had caused an encroachment and unauthorized user at the instance of beneficiaries of the acquisition. The petitioner did not obtain any relief through an acquisition of the property and, therefore, moved the Civil Court at Amritsar for relief of injunction in Civil Suit No.248/7.12.83. Both the respondents were defendants in the said suit. The defendants did not make any contest through any evidence, although they appeared through counsel. On the basis of records adduced, the Court found that the plaintiff was entitled to obtain decree for injunction restraining the defendants, its employees and licensees from passing over the land measuring 2 kanals 8 marlas in the khasra numbers referred to above. The decree obtained on 07.12.1983 became final and it is an admitted situation that there was no appeal against the said decision.

(3.) To the plea of the petitioner before this Court directing the respondents to render help and cooperation with all the resources at their command and to enjoy the property peacefully without being used as a passage of colony or to acquire the piece of land, the State has filed a reply conceding the fact that the property measuring 1 kanal 8 marlas was being used as a passage by the staff of the Municipal Corporation, the residents of the Industrial Development Colony and others. The particular portion of the statement reads as follows: