CHANDER PATI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CM No.3888/2015

(2.) CM No.2997/2015

(3.) The admitted facts are that 400 acres of land situated in Village Beer,Hisar was allotted by the composite Punjab on 17.11.1953 to DCM for setting up of a Cloth mill. Written conveyance deed was executed in favour of the Mill on 3.9.1956. Subsequently due to the strike of the workers the Mill was shut down on 3.6.1984 and 253 acres of vacant land was resumed and taken in possession on 12.4.1989 by the Collector, Hisar in terms of the conveyance deed. The said resumption order was challenged by the Mill by filing CWP NO.6237/1989 and the same was allowed on 29.6.2010 by a learned Single Judge of this Court. The Letters Patent Appeals filed against the said order by the authorities were dismissed by a learned Division Bench of this Court on 4.10.2012. The SLP filed by the State was finally dismissed on 16.8.2013. Consequently the Mill filed execution proceedings before this Court for handing back the possession of 253 acres of land. It is a matter of record that possession of an area of 251 acres and 3 kanals has since been restored to the Mill in execution proceedings. Since on the remaining 13 kanals (about 1.5 acres) there were encroachers including the present petitioner, the possession could not be handed back. Hence the authorities resorted to eviction proceedings under the 1972 Act.