JAIPAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 29.7.2003 passed by the Collector, Karnal, vide which the petitioner has been ordered to be ejected from 2 Marlas of land out of total 12 Kanals 7 Marlas of land comprising in Khasra No. 51/2, on an application filed by the respondent -Gram Panchayat under Ss. 2 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 'the Public Premises Act'). The said order, was affirmed in appeal by the Commissioner, Rohtak Division, Rohtak vide order dated 25.8.2004.

(2.) In this case, on 26.9.1996 an application was filed by the respondent -Gram Panchayat under the provisions of the Public Premises Act for evicting the petitioner from Khasra No. 51/2 measuring 12 Kanals 7 Marlas, part of which was alleged to be illegally encroached by the petitioner. The Collector vide order dated 30.6.1997 passed the order of ejectment against the petitioner. The said order was challenged by the petitioner before the Commissioner in appeal. The appeal was allowed by the Commissioner vide order dated 18.3.1999 on two grounds. Firstly that the Gram Panchayat filed the application under the Public Premises Act whereas the Collector has decided the same under the provisions of Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Village Common Lands Act'). Secondly, the notice was issued to the petitioner with regard to the vacant land whereas the petitioner had constructed pucca residential house on the land in question, thus, the notice was defective.

(3.) Though the order passed by the Collector was set aside by the Commissioner but it was made clear that it would be open for the Gram Panchayat to proceed against the petitioner after following the prescribed procedure either under the Public Premises Act or Village Common Lands Act.