GIAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Letters Patent appeal is directed against the order dated 8.11.2013, passed by learned Single Judge, whereby appellant's writ petition has been dismissed while upholding the orders dated 20.7.2010 and 30.3.2012, passed by respondent No.2 and 1 respectively.

(2.) CLAIM of the predecessor -in -interest of the appellants, namely, Smt.Gian Kaur, was that the property in question was purchased by her on 31.8.1962 from one Jaswant Rai and since then she was continuing as owner in possession. Respondent No.3, Panchayat Samiti, Nawahshahr filed petition under Sections 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (for short 'the Act') for ejectment of Smt. Gian Kaur on the ground that she was in unauthorized possession of the property belonging to Provincial Government, which was lying under the care and custody of the Panchayat Samiti, Nawanshahr for its preservation and maintenance. The land in question is 6 marlas comprised in khasra No. 1897 (7 -11) and 1898 (6 -1) out of total measuring 13 kanals 12 marlas (Gair Moursi Hospital Pashuan (cattle) Veterinary Hospital) according to jamabandi for the year 2003 -2004. The property in question was claimed to be in possession of Panchayat Samiti, Nawanshahr since the year 1962 as per the orders of its owner i.e. the Provincial Government (Punjab) vide letter/ notification No.130 11/ B.A (PSA) 61/167561, 167562, 167563, 1567563, 167566 dated 13.11.1961. The land in question is thus a 'public premises' under the Act.

(3.) ON the aforesaid land, building of Veterinary Hospital is existing and the same is being used for administration of Veterinary Hospital, Nawanshar since long back. The building of the hospital is owned by the Provincial Government (Punjab). All rights appurtenant thereto for managing and looking after the affairs vest in Panchayat Samiti as its custodian. The predecessor of the appellants illegally occupied the said premises by way of encroachment upon 6 marlas of land out of the total land. Consequently, petition under the Act for ejectment of the unauthorized occupant was filed.