GAJJAN SINGH Vs. COMMISSIONER AMBALA DIVISION

JUDGEMENT

(1.) This is a writ petition under Articles 226 and 227 of the Constitution. The facts are that the three petitioners originally owned agricultural land in village Kalibar and also residential houses and baras in the habitation of that village. The entire area of village Kafibar was acquired by the State Government for Chandigarh Capital Project and in lieu of their landed properties they were allotted agricultural land in village Khanpur Behlan and were also given plots for residential purposes in the habitation of that village. The petitioners constructed pucca houses on those plots and, have been in their possession ever since. In August, 1958, the petitioners received a notice from the Naib Tehsildar, Capital Project, Chandigarh, requiring them to vacate the houses within a period of one month and hand over vacant possession failing which they would be dispossessed. Gajjan Singh petitioner moved this Court by Civil Writ No. 940 of 1958, against that order of the Secretary and the Naib Tehsildar, which was dismissed on March 5, 1958 with the observation that the petitioner be dispossessed only in accordance with law. On 4th August, 1962, the Estate Officer, respondent No. 3, moved an application before the Collector, Ambala, praying that the petitioner Gajjan Singh be evicted from plot No. 22 of village Khanpur, which had never been allotted to him and adding that this had been sold to the village community for the construction of a Gurdwara (copy of that application is Annexure A).

(2.) On the aforesaid application of the Estate Officer, the Collector passed an order on 13th August, 1962 to the effect, that "before issuing a notice it be enquired whether the plot in question was evacuee property or otherwise". It was added that in case it was an evacuee land action under different Act would be required. The Estate Officer, Chandigarh, then submitted a report on 24th December, 1962 that the aforesaid plot No. 22 was evacuee property. He requested that the petitioner be evicted, under Section 5(2) of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1959 (hereinafter called the Act), copy of that letter is Annexure B. Thereafter, a notice was actually issued to the petitioner on 16th January, 1963. In reply, Gajjan Singh petitioner submitted an objection that this plot had been allotted to him in lieu of the abadi area of his original village and thereafter he had built a house on it without any objection from any person and was living in it for the last several years. It was averred that this land was not a 'public premises' and the Collector had no authority to issue the notice. On receiving this reply, Shri Munshi Ram, Additional Collector of Ambala District framed three issues on 16th February, 1963. Thereafter, by his order, dated 5th July, 1963, he directed eviction of the petitioners from plot No. 22 after demarcation of the same at the spot. (copy of that order is (Annexure C) Petitioner Gajjan Singh went in appeal under Section 9 of the Act before the Commissioner. The appeal was heard by Shri Damodar Dass, Appellate Commissioner, Ambala Division on 2nd June, 1964, and was dismissed per his order (copy Annexure D). These orders of the Additional Collector Shri Munshi Ram, and the Appellate Additional Commissioner, Shri Damodar Dass, are being impugned on various grounds, out of which, the following have been canvassed before me, at the time of arguments by the learned counsel for the appellant :-

(3.) It was contended before me by the learned counsel for the respondents that this objection with regard to jurisdiction was not taken before Shri Munshi Ram or before the appellate Additional Commissioner and should not be allowed to be raised for the first time in this Court.