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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Ram Murti Marwaha – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner's claim to the plot's possession. (Para 1 , 2 , 3 , 4) |
| 2. court's evaluation of petitioner's claims. (Para 5 , 7 , 8) |
| 3. challenges to the legality of the impugned order. (Para 6) |
| 4. legal implications of unauthorized possession. (Para 9 , 10) |
| 5. conclusion dismissing the writ petition. (Para 11) |
JUDGMENT
Vikram Aggarwal, J.
The petitioner seeks setting aside of the order dated 22.11.2021 (Annexure P-11) passed by respondent No.2 vide which Resolution dated 08.06.2021 (Annexure P-10) passed by respondent No.3 recommending acceptance of reserve price amounting to Rs.30,68,906/- qua Plot No.446-A, Model Town Kapurthala, Punjab (hereinafter referred to as the plot) from the petitioner has been cancelled. The petitioner also seeks a direction to the respondents to accept the balance amount due from the petitioner and to transfer the plot in his name. The petitioner also seeks a restraint order against his dispossession from the plot.
2. The case of the petitioner is that he is in possession of the plot measuring 10 marlas which is owned by the Wakf Board. The petitioner has constructed his house on the plot. The Punjab Wakf Board originally owned 2 kanal 15 marl
Authority must deliver physical possession of land to the allottee; failure to do so grants the right to zero period benefits under lease agreements.
The judgment emphasizes the definition of 'public premises' under the Karnataka Public Premises Act, 1974 and the binding effect of previous judgments on coordinate benches.
The main legal point established in the judgment is that the grant of freehold rights must be based on factual correctness and adherence to the legal provisions, especially in the context of land dis....
The main legal point established was that illegal occupants cannot challenge the title of the property owner, and abuse of the legal process to continue possession can lead to dismissal of the appeal....
Adverse possession claims over government land require substantial evidence; mere long-standing possession does not confer title, particularly where public interest is involved.
Failure to establish title to the allotted plot and the presence of disputed questions of facts can lead to the dismissal of a writ petition seeking possession and compensation.
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