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AUGUSTINE GEORGE MASIH, JASJIT SINGH BEDI
Murti Radha Krishanji And Murti Thakurji, Thakurdwara Mandir Kalan, Through Mohtmim Ananat Dass Chela Satnarain Dass, Chela Raghunaht Dass (now Deceased) Through Lrs Now Mohtmim Ashutosh Joshi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Augustine George Masih, J. - Challenge in this appeal is to the order dated 07.04.2022 passed by the learned Single Judge, whereby the writ petition preferred by the appellants challenging the order of eviction from the premises in question in the proceedings initiated under the Haryana Public Premises (Eviction and Rent Recovery), Act, 1972 (hereinafter referred to as the 1972 Act') stands dismissed.
2. Briefly the facts are that a petition under the 1972 Act for eviction of the appellants from the land measuring 116 kanals, 15 marlas, situated in Village Chhachhrauli, Tehsil Chhachhrauli, District Yamunanagar, which is owned by the State Government being in illegal possession of the appellants, was filed. In the proceedings before the Civil Court which had been preferred by the appellants i.e. Civil Suit No.60 dated 26.09.2003, wherein suit for declaration was filed to the effect that the entry in the column of ownership in the jamabandi as well as khasra girdawari in the name of 'Mandir Sarkari' regarding the suit land as per the jamabandi for the year 2000-2001 is illegal, null and void and the same is not binding upon the rights of the appellants. Correction of the same
The main legal point established is that under the Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, illegal possession of land without a valid lease or allotment can lead to eviction.
Unauthorized possession of public premises as defined by the Act constitutes grounds for eviction under the Haryana Public Premises Land Act, 1972.
The central legal point established in the judgment is the interpretation of the definition of public premises under the U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and the re....
The central legal point established is the determination of the applicability of the U.P. Public Premises Act and the UPZA&LR Act to the disputed land, based on their definitions and relevant notific....
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