SECY DEPT OF PWD B&R AND ARCHITECTURE, GOVT OF HRY SEC-17, CHANDIGARH AND ANOTHER Vs. HARI RAM AND OTHERS

JUDGEMENT

(1.) Petitioners have challenged the order dated 10.01.2018 and 29.05.2018 passed by the Civil Judge (Jr. Divn.) Ellenabad, which were passed in the execution proceedings.

(2.) Plaintiffs/Respondent No.1 filed a suit for mandatory injunction against the petitioners/defendants No.1 and 2 and other proforma defendants No.3 to 20 with the averment that the plaintiff and proforma defendants were owners of the land measuring 1 Kanal 3 Marlas situated opposite to Rest House and near to bus stand Ellenabad District Sirsa. Defendants have no right in respect of aforesaid land as the same was never acquired by the State and no compensation was paid to the plaintiff. Defendant No.2 being department of defendant No.1 had constructed a metalled road in the year 1972 on the land in question without any notice to the plaintiff and other owners.

(3.) The suit was decreed by the Civil Judge (Jr. Divn.) Ellenabad vide judgment and decree dated 21.01.2013. The following prayers were granted by the trial Court:-