SAMAJ MANDIR Vs. MUNICIPAL CORPORATION, KARNAL

JUDGEMENT

(1.) This is a Civil Writ Petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dtd. 15/7/2021 (Annexure P-1) passed by the Court of Joint Commissioner, Municipal Corporation, Karnal (respondent No.2) and order dtd. 22/3/2023 (Annexure P-2) passed by the Court of the Commissioner-cum-Appellate Authority, Municipal Corporation, Karnal, vide which, the petitioners were directed to vacate the premises/land in question.

(2.) The brief facts of the present case are that on the complaint of one Ashok Kumar and other residents of Village Daha Jagir, in which, it was alleged that the petitioners had encroached upon the land owned by the Municipal Corporation, Karnal and an inquiry was conducted and it was found that the petitioners had encroached upon the land measuring 15 kanals 18 marlas comprised in Khewat No.543, Khatauni No.673, Rectangle No.22, Khasra No.8(8-0), 13/2(7-18) situated in Village Daha, Tehsil and District Karnal which was under the ownership of Municipal Corporation, Karnal. A petition No.111 dtd. 27/9/2018 was filed by the Municipal Corporation, Karnal under Ss. 3 and 4 read with Sec. 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 and after receipt of the same, a show cause notice under Sec. 408 of the Haryana Municipal Corporation Act, 1994 was issued vide Memo No.1/MCK dtd. 6/4/2021 directing the petitioners to vacate the land in question within a period of seven days from the date of service of the said notice. Liberty was granted to the petitioners to file reply to the said show cause notice along with supporting documents and to come present in the office to explain their position. In reply dtd. 27/4/2021 to the show cause notice dtd. 6/4/2021, the respondents therein (petitioners herein) had stated that they were not in illegal possession of the land in question and had been in possession of the said land for several years. The Joint Commissioner, Municipal Corporation, Karnal, after going through the reply to the show cause notice as well as after hearing both the parties, passed the eviction order under Sec. 408(A)(2) with directions to the petitioners to vacate the land in question and to demolish the unauthorized construction and to restore it to its original state. In the order, it was observed that as per jamabandi for the year 2014-15, Municipal Corporation, Karnal was shown to be the owner of the land in question and that the petitioners had failed to show any right over the land in question and that they had illegally encroached upon the land measuring 15 kanals 18 marlas. It was further observed that even in the earlier jamabandi for the year 2009-10, Gram Panchayat of Village Daha was shown to be the owner of the land in question and after the Municipal Corporation, Karnal came into operation, the management and control over the property owned by the Gram Panchayat of Village Daha came under the control of the Municipal Corporation, Karnal. An appeal filed by the petitioners was dismissed by the Commissioner-cum-Appellate Authority, Haryana, vide order dtd. 22/3/2023. In the said order, reliance was placed upon the abovesaid jamabandi(s) to hold that it was the Municipal Corporation, Karnal who was the owner of the said property and it was also observed that the petitioners had failed to produce any record to show that the land in question was ever allotted to the petitioners. It was found that the petitioners were in unauthorized possession of the land in question and thus, their appeal was dismissed.

(3.) Learned counsel for the petitioners has submitted that the petitioners have been in possession of the property in question for several years. It is further submitted that a perusal of jamabandi (Annexure P-7) which is at page 73 of the paper book would show that the petitioners are owners of Khasra No.22//7/2 (1-12 chahi) and 7/3 (3-8 chahi). It is contended that the said jamabandi shows that the petitioners are the owners and not the Municipal Corporation or the Gram Panchayat, and the said jamabandi is of the year 2019-20 which is the latest jamabandi.