JUDGMENT

S.C. AGRAWAL, J.- This appeal by special leave has been filed against the judgment of the High Court of Punjab and Haryana dated November 24, 1989 in Civil Appeal No. 2488 Regular Second Appeal No. 2488 of 1988 whereby the High Court has held that the order dated September 25, 1970 passed by the Collector of Hissar under the Punjab Public Premises and Land (Eviction and Land Recovery) Act, 1959 (hereinafter referred to as the 1959 Act) is illegal and void and a declaration was granted in favour of respondent 1, M/s Khalsa Motor Co. Ltd., that the State of Haryana, appellant 1 will not be entitled to dispossess the said respondent from the disputed property in pursuance of the said order of the Collector Hissar and the State of Haryana has been restrained from dispossessing respondent 1 in pursuance, of that order.

2. The Sub-Divisional Engineer, B&R, PWD, Hissar, filed an application before the Collector, Hissar under the 1959 Act wherein it was stated that respondent 1 is in unauthorised possession over an area measuring 1354 sft. in Kila Stone 102/2, Delhi-Hissar Road and that the said land is in the ownership of the State Government and it was prayed that respondent 1 may be evicted from the said land forthwith in public interest. On the said application a show cause notice was issued to respondent 1 and after hearing respondent 1, the Collector, Hissar passed an order dated September 25, 1970 wherein it was held that respondent 1 has encroached upon PWD land and respondent 1 was ordered to vacate the land in dispute measuring 1354 sft. within 30 days of the date of receipt of the said order. Respondent 1 filed a writ petition (C.W. No. 3394 of 1970) in the High Court of Punjab and Haryana wherein he challenged the validity of the provisions of the 1959 Act as well as the order of the Collector, Hissar dated September 25, 1970. During the pendency of the said writ petition in the High Court the Haryana State legislature enacted the Haryana Public Premises and Land (Eviction and Land Recovery) Act, 1972 (hereinafter referred to as the 1972 Act). The said Act was brought into force with effect from August 10, 1959 except Sections 11, 18 and 19 which came into force with effect from the date of publication of the said Act in the gazette, i.e. November 9, 1972. By Section 18 of the 1972 Act, the 1959 Act was repealed and in Section 19 of the 1972 Act it was provided that notwithstanding any judgment, decree or order of any court, anything done or any action taken (including rules or orders made, notices issued, evictions ordered or effected, damages assessed, rents or damages or costs recovered and proceedings initiated) or purported to have been done or taken under the 1959 Act shall be deemed to be as valid and effective as if such thing or action was done or taken under the corresponding provisions of the 1972 Act, which shall be deemed to have come into force on August 10, 1959. C.W. 3394 of 1970 filed by respondent 1 was dismissed by the High Court by order dated December 12, 1979. Thereafter respondent 1 filed an appeal before the Commissioner, Hissar Division, against the order of the Collector, Hissar dated September 25, 1970. The said appeal of respondent 1 was dismissed by the Commissioner by order dated October 7, 1982. The Commissioner affirmed the finding recorded by the Collector, Hissar, that the land in dispute is in the ownership of the State Government and the possession of respondent 1 over the same is illegal and unauthorised. Respondent 1 filed another writ petition (C.W. No. 5268 of 1982) in the High Court of Punjab and Haryana wherein he challenged the order of Commissioner, Hissar Division, dated October 7, 1982. The said writ petition was dismissed by the High Court by order dated December 1, 1982. Respondent 1 filed a petition in this Court for grant of special leave to appeal against the judgment of the High Court dated December 1, 1982. The said special leave petition was dismissed as withdraw