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2000 Supreme(SC) 527

S.N.PHUKAN, S.RAJENDRA BABU
State Of Haryana – Appellant
Versus
Mohinder Pal – Respondent


ORDER

This appeal is directed against the order made by the High Court in Writ Petition which was filed by the Respondents complaining that the Appellants have demolished the khokhas and other structures but on by them. Two applications were filed under Sections 4, 5 and 7 of the Haryana Public Premises Land (Eviction and Rent Recovery) Act, 1972. During the pendency of those proceedings the Appellants took steps to eject the Respondents from the land in question and demolished the khokhas constructed by them. The High Court proceeded on the basis that even Government cannot take law into its hands while dispossessing the Petitioners but should have followed the due procedure prescribed by law and not doing so is contrary to rule of law and consequently allowed the Writ Petition by awarding damages to the extent of Rs. 15,000/- and Rs. 5,000/- by way of costs. However, while disposing of the Writ Petition, the High Court took care to protect the interest of the Appellants to the extent of giving an opportunity to revive their application filed earlier or to file a fresh application and withdrawal of the earlier application will not come in their way. Learned Counsel for the Appellan



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