BALDEV SINGH Vs. THE MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS order shall dispose of 5 petitions bearing CWP Nos. 25397, 25400, 25403, 25404 and 25412 of 2013 because all the petitions have arisen from a common order passed by the Commissioner, Ambala Division, Ambala. However, the facts are extracted from CWP No. 25397 of 2013. Brief facts of the case are that respondent no. 1 filed an application under Sections 4 & 5 of the Haryana Public Premises (Eviction & Rent Recovery) Act, 1972 (hereinafter referred to as the "Act"), against the petitioner for seeking his eviction from the land in dispute on the ground that he is in unauthorized possession over the land owned by it. The stand taken by the petitioner before the Collector was that he is occupying the land in question for the last 50 -60 years and has constructed his residential house over it and also obtained electricity connection. It is alleged that the land was given to him by the Panchayat through a resolution and thus, he is not in unauthorized possession. Both the parties led their evidence and on the basis thereof, the Collector came to the conclusion that the petitioner has failed to prove his title of ownership over the land in dispute which is in the name of respondent no. 1 and passed the order of eviction on 28.03.2011.

(2.) AGGRIEVED against that order, the petitioner filed appeal under Section 9 of the Act before the Divisional Commissioner, As many as 12 appeals were decided together by the Divisional Commissioner by a common order dated 21.05.2013. All those appeals were dismissed on the ground that the petitioner does not have any title of ownership over the land in dispute which belongs to respondent no. 1 and merely because the land in dispute, which was earlier in the name of the Panchayat which later on included in the Municipal Committee, was given by the Panchayat by way of resolution is of no consequence.

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