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AUGUSTINE GEORGE MASIH, SANDEEP MOUDGIL
Mahabir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Augustine George Masih, J. (Oral) - Challenge in this intra Court appeal is to the judgment and order dated 01.04.2022 passed by the learned Single Judge, whereby the writ petition preferred by the appellant challenging the notice issued to him by the Secretary, Municipal Committee, Jhajjar, dated 27.04.2011 (Annexure P-7), order dated 27.05.2014 (Annexure P-13) passed by the Collector, Jhajjar, allowing the application for eviction under Section 3, 5, 5-A and 11 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 1972Act') preferred by the Municipal Committee, Jhajjar, ordering eviction of the appellant and order dated 29.06.2017 (Annexure P-17) passed by the Commissioner, Rohtak Division, Rohtak, dismissing his appeal, stands dismissed.
2. Learned counsel for the appellant has asserted that the orders of eviction passed by the Collector, Jhajjar, as well as the Appellate Authority are based upon the demarcation report dated 22.03.2011, which was prepared ex parte and on the verbal order of the Tehsildar without associating the appellant. During the hearing of the petition for eviction of the appellant, he had placed on
Proper demarcation is essential to establish authenticity and correctness of possession.
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.
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