DEENDAYAL LAHOTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against notice dated 7.10.11 issued by the Executive Officer, Municipal Board, Suratgarh, directing the petitioner to remove the encroachment made over the Government land measuring 6000 sq. ft.

(2.) The relevant facts are that one Shri Pyarelal was allotted a commercial plot measuring 140 x 120 sq. ft. being plot no.4 situated in Ward No. 6/5 New Mandi, Bikaner Road, Suratgarh, pursuant to open auction conducted by the Mandi Development Committee, Surtgarh. A lease deed was executed by the Mandi Development Committee in favour of Pyarelal on 19.3.90. Shri Pyarelal sold the plot in question in favour of the petitioner vide registered sale deed dated 26.3.91. According to the petitioner, at the time of construction of the boundary wall, it was revealed that as a matter of fact, the actual measurement of the plot at the site is 152 x 150 sq.ft. It is averred that other plots marked as reserved for 'Public and Semi Public Purpose' in the Scheme, 7 in number, were allotted to other persons, measured 100 x 150 sq. ft. each and thus, according to the petitioner, the building line from western to eastern side at the petitioner's plot measures 150 ft. in length yet, the petitioner's predecessor in title was mistakenly allotted the plot measuring 140 x 120 sq. ft. It is submitted that the petitioner is in possession of the plot measuring 152 x 150 sq. ft. for more than 21 years without any disturbance and he has established a Weighing Machine on the said plot, which is fully functional as on the date.

(3.) Since the petitioner's predecessor in title was allotted the land with the measurement 140' x 120' i.e. 16800 sq. ft. and the petitioner had encroached upon the Government land measuring 6000 sq. ft., the Executive Officer, Municipal Board, Suratgarh directed the petitioner to remove the encroachment over the Government land within a period of 48 years. Hence, this petition.