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1976 Supreme(HP) 30

R.S.PATHAK
NARSINGH DASS – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
M.G. Chitkara, for Petitioner B. Sita Ram, Advocate General and A.R. Sharma, for Respondents

ORDER

1. The petitioner occupied a stall situated in the Anaj Mandi, Simla. A notice dated April 23, 1973 was served on him by the Municipal Corporation of Simla, respondent No. 2, declaring that he had without authority constructed a shed on land which belonged either to the Government or to the Municipal Corporation and he was required to de­molish the stall. He was warned that on his failure to do so it would be demoli­shed by the Municipal Corporation. Thereafter on November 20, 1973 the Municipal Corporation applied to the Collector of Simla for eviction proceedings against the petitioner under S. 4 of the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971. In the eviction proceedings the petitioner contended that he had not en­croached upon any land belonging to the Corporation and that the land in question had been in his possession for many years. The parties led evidence before the Collector, in the course of which the Municipal Corporation produced a docu­ment purporting to be an order of the Engineer, Roads and Buildings, which recited that the petitioner had construct­ed the shed without the permission of the Municipal Corporation and that p





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