KARNAIL SINGH Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) BY an order dated 25.8.1998 passed by him on the applications filed by Gram Panchayat Farwain Kalan, Tehsil and District Sirsa under Sections 4, 5 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as the Act), the Sub Divisional Officer (Civil) (exercising the powers of the Collector), Sirsa (respondent No. 1) directed the eviction of petitioners-Karnail Singh and Bachan Singh on the ground that they were unauthorisedly occupying the public premises. He also directed them to pay penalty at the rate of Rs. 5,000/- per acre per annum for a period of three years. The appeals filed by the petitioners were dismissed by the Commissioner, Hisar Division, Hisar (respondent No. 2).

(2.) WHEN the petitions were listed for admission hearing on 13.7.1999, the Court upheld the order of eviction but issued notice of motion on the question of penalty. For the sake of convenience, order passed on 13.7.1999 in C.W.P. No. 5480 Karnail Singh v. The S.D.O. (C)-cum-Collector and others, 2001(3) R.C.R.(Civil) 289 in reproduced below :

(3.) WE have thoughtfully considered the respective submissions. Sections 4 and 5 of the Act lay down the procedure for passing an order of eviction against an unauthorised occupant of public premises. Section 4 envisages issuance of show cause notice by the Collector as a condition precedent to the passing of an order of eviction. Section 5 declares that after considering the cause, if any, shown by the person upon whom notice under Section 4 has been served and the evidence, which he may produce in support of his plea, and after giving him reasonable opportunity of being heard, the Collector may make an order of eviction. Sub-section (2) of Section 7 empowers the Collector to pass an order requiring the unauthorised occupant of the public premises to pay damages. Sub-section (3) of Section 7 lays down that "no order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show within such time as may be specified in the notice, why such order should not be made, and his objections, if any, and any evidence he may produce in support of the same, have been considered by the Collector." Rule 6 of the Rules enumerates the factors which are required to be taken into consideration in assessing the damages. These are :