MAHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court claiming writ of certiorari for quashing an order of eviction dated 14.09.2012 (Annexures P -12) passed against the petitioner under Section 46 of the Punjab Regional and Town Planning and Development Act, 1995 (for short 'the Act') as well as the orders passed in appeal and revision dated 24.12.2013 and 06.01.2015 (Annexures P -13 and P -16 respectively).

(2.) THE petitioner claims to be a purchaser of 160 sq. yards plot vide sale deed dated 08.11.1993 from one Jaswinder Kaur wife of Jagjit Singh, as part of land comprising in Khasra No.50, Village Sahib Nagar @ Kheri, Tehsil and District Patiala said to be located within Lal Lakir. The petitioner is said to have raised residential building on the said land after raising loan from the Bank.

(3.) THE respondent Punjab Urban Development Authority (PUDA), now Patiala Development Authority, initiated proceedings by serving a notice under Section 46 of the Act on 06.06.2011 alleging therein that the petitioner is in illegal possession over its land. Pursuant to such notice, husband of the petitioner submitted reply (Annexure P -11) inter alia asserting that he and his family is residing on the land in question for the last 25 years. It is pointed out that a demarcation was carried out in the year 2005 and that as per the said report, 44 kanals of land is surplus with Punjab Urban Development Authority (PUDA). It is also pointed out that the respondents have no concern or relation with the plot in question.