BHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing of order dated 31.03.2011 (Annexure P/7) passed by respondent No.3 Deputy Commissioner, Kapurthala, and order dated 29.12.2009 (Annexure P/5) passed by respondent No.4 Collector, Phagwara, under Sections 4, 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as the Act) whereby, the petitioner has been ordered to be evicted from the land in dispute.

(2.) Brief facts of the case are that the State of Punjab through District Forest Officer, Jalandhar Forest Division, Phillaur, filed a petition against the petitioner for eviction from land measuring 3 kanals 19 marlas comprised in Khasra No. 1896, Khatta No.01/20, Hadbast No.74, situated in the revenue estate of Village Kot Rani, Tehsil Phagwara, District Kapurthala, and for recovery of damages, on the basis of the revenue record i.e. jamabandis for the years 1985-86 to 2005-06. Revenue record reveals that ownership vests in the State Government and the property is with the Forest Department. The petitioner is in illegal possession since 1985. The petitioner has got installed Airtel Tower in the said land and had also constructed a shop and is earning from both by charging rent. The Collector, after appreciation of evidence on record, vide order dated 29.12.2009 (Annexure P/5) recorded a finding that the petitioner is in unauthorized possession of the land in question and ordered his eviction and the relief qua compensation prayer of the Government has been declined, as no evidence has been brought on record. The petitioner filed an appeal before the Commissioner, that has been dismissed by the Commissioner vide order dated 31.03.2011 (Annexure P/7). Hence, this writ petition.

(3.) I have heard learned counsel for the petitioner and perused the record.