107 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 04.03.2025

1. CWP-17154-2021 (O/M) 2025:PHHC:030782 Malkeet Singh ...... Petitioner(s)

Versus Defence Estate Officer, Jalandhar Circle, Jalandhar Cantt.

and others ...... Respondent(s)

2. CWP-21568-2021 (O/M) 2025:PHHC:030786 Udhey Raj alias Billa ...... Petitioner(s)

Versus Defence Estate Officer, Jalandhar Circle, Jalandhar Cantt.

and others ...... Respondent(s)

3. CWP-22310-2021 (O/M) 2025:PHHC:030788 Hamid ...... Petitioner(s)

Versus Defence Estate Officer, Jalandhar Circle, Jalandhar Cantt.

and others ...... Respondent(s)

CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Puneet Kumar Bansal, Advocate for the petitioner.

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HARSH BUNGER, J . (ORAL)

1. This common order shall dispose of aforementioned three writ petitions, as the common question of law and facts are involved therein. For brevity, facts have been taken from CWP-17154-2021.

2. Petitioner (Malkeet Singh) has filed the instant civil writ petition under Article 226 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dated 30.04.2019 (Annexure P-4), passed by respondent No. 2 (Estate Officer, Jalandhar Circle, Jalandhar Cantt.), whereby an order for demolition and removal of unauthorized construction has been passed against the petitioner.

2.1 A further prayer has been made for setting aside the order dated 25.02.2020 (Annexure P-6), passed by learned Additional District Judge, Ferozepur, exercising the power of appellate authority under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (in short '1971 Act'), whereby an appeal filed by the petitioner against order dated 30.04.2019 (Annexure P-4), passed by respondent No. 2, was dismissed.

3. According to the petitioner, one Harnam Singh was recorded as Holder of Occupancy Rights in respect of Bungalow No. 86, situated at Ferozepur Cantt.. The said property has been stated to be occupied on Old Grant Terms, which were governed under the Governor General Order No. 179 of 12.09.1836.

3.1 It appears that a notice under Section 5-B of 1971 Act was issued to the petitioner on the ground that the petitioner had raised unauthorized construction of a shop measuring 12' x 14½. The petitioner is stated to have submitted his reply to the aforesaid notice by taking a stand that the petitioner had taken aforesaid shop on rent from Harnam Singh and that he was regularly paying the taxes to the Cantonment Board and that the electricity meter was installed therein.

3.2 Respondent No. 2 (Estate Officer, Jalandhar Circle, Jalandhar Cantt.), vide order dated 30.04.2019 (Annexure P-4), ordered the petitioner to remove the unauthorized construction.

3.3 Feeling aggrieved against aforesaid order dated 30.04.2019 (Annexure P-4), the petitioner preferred an appeal before the learned District Judge, Ferozepur, which came to be entrusted to learned Additional District Judge, Ferozepur, who vide order dated 25.02.2020 (Annexure P-6), dismissed the appeal. Hence, the present writ petition.

4. At the very outset, learned counsel for petitioner has fairly submitted that similar writ petitions filed by the other occupants of the aforesaid property forming part of Bungalow No. 86 have already been dismissed by a coordinate bench of this Court, where one of the matters is CWP-9909-2022, decided on 13.02.2024, wherein similar orders of removal of unauthorized constructions, as in the present case; have been upheld. A copy of the order dated 13.02.2024, passed in CWP-9909-2022 has been handed over in Court today, which is taken on record subject to all just exceptions. The relevant extracts of aforesaid order read as under :-

“ On hearing learned counsel for the parties and perusing the record, it is deciphered that the land underneath/ appurtenant to Bungalow No. 86, comprising GLR Survey No. 202, admeasuring 3.85 acres belongs to Govt. of India, Ministry of Defence, and falls under the management of the Def