The court upheld the validity of the eviction order and affirmed BHEL's ownership of the property acquired in 1962.

K.M. JOSEPH, J.

Appellant is the writ petitioner. The writ petition was filed calling in question the notice dated 16.06.2014 affixed on the property of the appellant/writ petitioner by the third respondent. The third respondent, it may be noted, is the Estate Management, Bharat Heavy Electricals Limited (hereinafter referred to as the “BHEL”). The case of the appellant/writ petitioner, in brief, is as follows:

By sale deed dated 29.10.2007, the appellant/writ petitioner purchased property from one Vijay Singh. The extent of the property is 6500 Sq. Ft. i.e. 604.08 Sq. Mtrs. residential plot. It is alleged that it falls in Khasra No. 2272/2. The appellant/writ petitioner has raised construction over the plot and has obtained the water and electricity connection. The appellant/writ petitioner claims that he was the tenant of Shri Vijay Singh, the vendor. BHEL/respondent nos. 1 and 2 filed O.S. No. 105 of 2000 before the Civil Judge, Junior Division, Haridwar for temporary injunction in respect of property covered by Khasra Nos. 2269, 2270, 2272/2, 2272/3 (new Khasra Nos. 524, 525, 526, 527, 528) on the ground that it was acquired by BHEL. The temporary injunction was rejected. It is alleged that the Sub General Manager (Estate), BHEL filed an application addressed to SDM, Haridwar dated 07.02.1997 for the measurement of land situated in Khasra Nos. 527, 528, 529, 530 and 531. The measurement was done and Annexure No. 8 report was filed. On the rejection of the temporary injunction application, a Misc. Civil Appeal was filed, which was dismissed holding that out of total area of old Khasra No. 2272/2, only 10 biswa land was acquired while 1 biswa land is claimed by the defendant. The Suit came to be withdrawn unconditionally without seeking permission to file fresh. It is alleged further that the third respondent initiated proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. The Estate Officer passed an order on 26.08.2000 for eviction. Shri Vijay Singh filed Civil Appeal No. 36 of 2000. The Appellate Authority allowed the appeal and the matter was remanded back to decide the matter afresh. Subsequently, it is not in dispute that the Eviction Order was passed. Thereafter, it is stated that the impugned notice was affixed on the outer wall of the appellant/writ petitioner. The appellant/writ petitioner filed objections and the appellant/writ petitioner was before the learned Single Judge. Counter affidavit was filed in the writ petition. Paragraph nos. 6 and 9 of the same read as follows:

“6. That with regard to para 4 of the writ petition, the contention of the petitioner that he raised the construction on the plot so purchased and obtained the water connection, electricity connection etc., is entirely incorrect. The alleged papers pertaining to water connection and electricity connection have got no concern with the land in question. Moreover, as per the contention of the petitioner, he had purchased the land through alleged sale deed dated 29.10.2007, whereas Annexure No. 3 Page No. 42 of the writ petition is the meter sealing certificate dated 07.10.1992. Similarly, page No. 43 of the writ petition pertains to bill of water charges issued by Nagar Palika Parishad, Haridwar and it is dated 30.11.2000, whereas the petitioner’s contention is that he had purchased the land and got the connection after purchase of the alleged land having being purchased on 29.10.2007. Even otherwise, the water bills or the electricity bills filed by the petitioner do not show that the same pertain to the land in dispute. Moreover, the water connection or electricity connection does not confer any right of ownership upon any person. It is not admitted that the petitioner has raised the construction on the alleged plot of land. The petitioner has not filed any document in support of his contention. Even otherwise, the petitioner raising the construction on the land which was acquired by the Government, is an i