The interpretation of the term 'Abadi Deh' under Section 22 of the Punjab Scheduled Roads and Controlled Areas (Restriction on Unregulated Development) Act, and its application to the disputed site.

N.K. Sud, J. - The private respondents (respondents No. 1 to 3) filed an appeal before the Tribunal against the action of the State Government (now petitioners before us) in demolishing the houses constructed by them on the disputed site at village Kakru, District Ambala. The Tribunal allowed the appeal vide its order dated 21.9.2000. This writ petition has been filed by the State of Haryana challenging the aforesaid order of the Tribunal.

2. The petitioners had demolished the houses by acting under the Punjab Scheduled Roads and Controlled Areas (Restriction on Unregulated Development) Act, 1963, (for short "the Act") on the ground that the disputed structures fell within a distance of 30 meters from the land boundary of National High Way No. 22. The respondents, however, maintained that they had constructed their houses in Khasra Nos. 65/1, 65/2 and 65/3 which fell within the Abadi Deh of village Kakru and, therefore the same stood exempted in view of sub- clause (a) of Section 22 of the Act.

3. This is the third round of litigation on this very issue. The respondents had earlier been issued notices requiring them to show cause why the disputed structures may not be demolished. The petitioners without deciding the issue about the applicability of the Act to the property in dispute carried out its demolition. The respondents, therefore, had to file CWP No. 4467 of 1997 against this arbitrary action of the petitioners. A Division Bench of this Court vide its order dated March 4, 1998 allowed the writ petition by accepting their contention that the impugned notices and the orders did not satisfy the requirement of a speaking order. In fact, it was conceded by the State Government that the action taken was not in conformity with the law laid down by this Court in M/s. Ram Rattan Aggarwal and Company v. State of Haryana and others, 1996(4) All Instant Judgments 124 : 1996 PLJ 562. The impugned show cause notices were, therefore, quashed. However, liberty was given to the respondents (i.e. the Haryana Government) to pass fresh orders within 6 months after giving notice and opportunity of hearing to the petitioners (now respondents before us). The respondents were also granted liberty to seek appropriate remedy for payment of compensation if it was established that their property fell within the Abadi Deh of the village and the petitioners had illegally demolished the same.

4. In pursuance of the orders of the High Court, the Executive Engineer, Provincial Division No. 1, Ambala Cantt. exercising the powers of Director under the Act passed the order dated 3.9.1998. He once again held that the buildings in question were outside the Abadi Deh of village Kakru and were liable to be demolished as they fell within 30 meters from the land boundary of NH No. 22. A copy of the order of the Executive Engineer dated 3.9.1998 has been produced as Annexure P-2 with the writ petition.

5. Although an appeal against the order of the Executive Engineer was provided in the Act, yet the respondents were compelled to challenge it by filing CWP No. 16405 of 1998 before this court as at the relevant time, no Tribunal had been constituted by the State Government. However, when the aforesaid writ petition came up for hearing before a Division Bench of this Court, the State Government had already constituted the Tribunal and, therefore, the respondents were relegated to their remedy of appeal vide order dated September 7, 1999. In pursuance of the said order, the respondents filed an appeal before the Tribunal. The Tribunal, vide its order dated 21.9.2000 accepted the contention of the petitioners that the property in dispute fell within the Abadi Deh of village Kakru and, therefore, it could not be demolished. While allowing the appeal, the Tribunal observed that there was no dispute between the parties that the disputed land of the respondents fell within the extended limit of Abadi Deh of village Kakru. It did not find any merit in the contenti