MALT CO. (INDIA) LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition Nos. 7818 and 8869 of 2007, challenging the order passed by the Commissioner dated 1.3.2007 (Annexure P.11), whereby after setting aside the order of penalty and damages, in an appeal under Section 9 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (for short 'the Act'), the Commissioner gave liberty to get the issue of damages resolved through an Arbitrator.

(2.) THE present writ petitions are in respect of two separate godowns taken on rent by the petitioners @ Rs. 16.39 pr MT per month and @ Rs. 11.50 per MT per month for the period 1.4.2000 to 31.3.2001.

(3.) DURING the pendency of the aforesaid ejectment proceedings, the respondents initiated proceedings for eviction of the petitioners under the Act. The petitioners were found to be bound by the agreement executed while handing over the possession to the petitioners by the learned Collector. The Collector passed an order of eviction and also of recovery of rent @ twice the agreed rent from 1.10.2001 to 16.8.2004 i.e. for 34.5 months.