RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, who suffered a verdict of eviction from the statutory authorities as constituted under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, (hereinafter in short to be referred as the Act of 1972'), preferred Civil Writ Petition No.11573 of 1993 before this Court. On the said supra writ petition, a decision was made on 31/3/2011 (Annexure P-1). Through the said decision, the orders of eviction as became passed by the authorities constituted under the Act of 1972, became affirmed. The operative part of the said annexure becomes extracted hereinafter:

(2.) The said decision led the aggrieved therefrom to institute LPA bearing No.1056 of 2011 before this Court. The said LPA along with the other connected therewith LPAs were decided on 2/11/2012 (Annexure P-2). A perusal of the operative part of the decision recorded on the supra LPAs, operative part whereof becomes extracted hereinafter, discloses that the LPA Bench, thus did not find any error with the findings recorded by the learned Single Bench of this Court (Annexure P-1). Resultantly, though all the LPAs supra became dismissed.

(3.) However, the LPA Bench while bearing in mind the fact that the appellants in the LPA were in possession of the disputed premises since 1978, besides were stated to be petty shopkeepers running the business in kiosks for theirs earning their livelihood, therebys the Municipal Committee, Ellenabad, was directed to take a sympathetic view in the matter and to consider, if an alternative site as a measure of their rehabilitation, can be allotted to them on payment of usual charges.