JARNAIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue involved in this Letters Patent Appeal and the two writ petitions is similar. These can be disposed of by a common order.

(2.) A few facts as evident from the record of the appeal paper book may be briefly noticed.

(3.) Jarnail Singh was in unauthorised possession of an area measuring 64.87 acres of land in the Camping Ground at Gharinda, District Amritsar. He was given a notice by the Estate Officer, Jalandhar Cantt under Section 7(2) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, calling upon him to show cause as to why he be not held liable to pay damages amounting to Rs. 34,320/- for the period from June 1, 1970 to May 31, 1974. He submitted objections. Vide order dated September 30, 1976, the Estate Officer directed the appellant to pay damages at the rate of Rs. 8,580/- per annum amounting to a total of Rs. 34,320/-. He was permitted to pay these damages in three equal monthly instalments of Rs. 11,440/- commencing from October 30, 1976. Aggrieved by this order Jarnail Singh filed an appeal before the District Judge under Section 9 of the Act. The learned District Judge held that the appellant was liable to pay damages only for a period of three years prior to the date when proceedings under section 7(2) of the Act had been initiated. The claim for the remaining period was held to be barred by limitation.