GIAN KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged orders dated 20.7.2010 passed by respondent No.2 and 30.3.2012 passed by respondent No.1 by which she has been ordered to be evicted from the land measuring 6 marlas being in its unauthorised possession.

(2.) In brief, respondent No.3 filed a petition under Section 5 & 7 of the Punjab Public Premises & Land (Eviction and Rent Recovery) Act, 1973 [for short 'the Act'] seeking eviction of the petitioner form the land measuring 6 marlas comprising Khewat No.2561, Khatauni No.3073, Khasra No.1897 (7K-11M), 1898 (6K-1M), Gair Morusi Veterinary Hospital situated at Nawanshahr recorded in Jamabandi for the year 2003-04 and also for recovery of damages @ Rs. 1500/- per month from the date of unauthorised occupation till it is vacation.

(3.) It is submitted that earlier the land in dispute was owned by District Board but after is abolition through notification, possession has been handed over to Panchayat Samiti, Nawanshahr, which is coming into revenue record in the column of cultivation. It is alleged that in the aforesaid Khasra number, Veterinary Hospital is in existence but the petitioner had illegally encroached upon a portion of 6 marlas by raising boundary wall. Demarcation was carried out on 18.6.1997 in which this fact came to the light thereafter, two notices dated 8.7.1997 and 30.4.1998 were issued to the petitioner to vacate unauthorised possession. In reply filed by the petitioner, it was alleged that the land in question was purchased through a registered sale deed and constructed residential house after getting approval from the Municipal Committee Nawanshahr in the year 1976. It is also alleged that demarcation report dated 18.6.1997 cannot be relied upon as it was carried out in the absence of the petitioner.