MUNICIPAL COMMITTEE Vs. COLLECTOR

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 03.08.2010 (Annexure P-3) passed by Collector, Ganaur and the order dated 26.05.2011 (Annexure P-4) passed by Commissioner, Rohtak Division.

(2.) Brief facts of the case are that petitioner-Municipal Committee-instituted a petition under Sections 4 and 5 read with Section 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (for short ' the Act') on the ground that petitioner is the owner of land comprised in khewat No. 816 min, khata No. 1242, new khewat No. 914/816, khata No. 133, rectangle and killa No. 209 min (7 kanals 17 marlas) and this land is reserved for a 'johar' from the time of consolidation of land. The land is being used for common purposes and respondent No. 3 has encroached upon 2 kanals out of total land measuring 17 kanals 7 marlas of rectangle and killa No. 209. Notice regarding eviction was given to the respondent to which reply was filed. In the reply stand of respondent No. 3 is that petitioner is not the owner of the land in dispute. A number of other residents have also constructed houses at the spot. Spot was inspected and report was submitted on 31.10.2006 wherein it was clarified by Tehsildar that land in dispute in revenue record has been mentioned as 'mustarka jumla malkan', however, the kind of land has been mentioned as 'johar'. It was pleaded that, in fact, there is no 'johar' in existence, it is only mentioned in the revenue record. The application for eviction is not maintainable until question of title is decided.

(3.) It needs to be mentioned here that respondent No. 3 had earlier filed a civil suit titled as 'Daya Nand v. Municipal Committee, Ganaur', wherein declaration and permanent injunction was sought.