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2006 Supreme(P&H) 2257

ASHUTOSH MOHUNTA, MAHESH GROVER
Ajit Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Ashutosh Mohunta, J.

1. The prayer made in this petition under Article 226/227 of the Constitution of India is to the quashment of order dated 18.9.2003 (Annexure P-3) passed by the District Development and Panchayat Officer, Gurdaspur exercising the power of Collector (respondent No. 3) as well as the order dated 11.3.2004 (Annexure P-4) passed by the Joint Development Commissioner (JRD) exercising the powers of Commissioner (respondent No. 2) whereby the petitioner has been ordered to be evicted from the land in dispute measuring 14 marlas and also imposed a penalty of Rs. 5,88,000/- for the unauthorised use and occupation of the land for a period of 12 years being 20 times of the amount of auction of Rs. 2,450/-.

2. In brief it is the case of the petitioner that he is in possession of the land in dispute measuring 14 marlas (which is adjacent to his house) for the last about 30 years. He has raised the boundary wall and using the same as courtyard and manure pits. According to him, he has also installed a hand pump, toka machine and a manger therein. He had also filed a Civil suit for the grant of permanent injunction against the Nagar Panchayat, Kalanaour, and its Admin












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