RAM CHANDER Vs. COMMISSIONER, ROHTAK DIVISION AND ORS.

JUDGEMENT

(1.) petitioner has laid challenge to the orders dated April 28, 2010 and July 05, 2012 (P-3 and P-4) respectively whereby, he has been ordered to be evicted from the land measuring about 100 square yards which forms a part of khewat No. 548/415 Khatauni No. 451 Khasra No. 100//1/1/4.9 situated in the revenue estate of Village Sersa, Tehsil and Distt. Sonepat.

(2.) The eviction orders have been passed pursuant to an ejectment application filed by the petitioner's brother (respondent No.5) under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana). The petitioner has admittedly constructed his residential house over the encroached land and as per the spot inspection report submitted by the Block Development and Panchayat Officer, Rai (P-6) the said house was constructed many years ago.

(3.) This is also an admitted fact that as per the revenue record, the land in dispute is recorded as "Gair Mumkin Abadi" namely a part of the residential area of the village. The photographs of the house constructed by the petitioner are also appended.