Consequent thereto, the appellant has moved the companypetent authority for initiation of proceedings under the Punjab Public Premises Land Eviction and Rent Recovery Act, 1973.
8080 3CI 75/21963 dated the 10th July, 1975, issued under Section 42 of the Punjab Town Improvement Act, 1922, accorded sanction to the Development Scheme for an area measuring approximately Page 2 of 13 55.0 acres on Police Lines Road, behind Commissioners Office, Jalandhar framed by the Jalandhar Improvement Trust.
The High Court passed an order dated 30.04.2009 which is the impugned order herein and whereby the High Court remanded back the matter to the Settlement Commissioner once again to companysider the claims of the respondents and also stayed their dispossession till the matter is decided by the Settlement Commissioner.
In the said writ petition the State of Punjab filed its companynter affidavit in which it was averred that the respondents have already transferred their land which was being used as residential.
The Trial Court, namely, the Sub Judge passed an order in the said suit that the plaintiff would number be dispossessed from the suit property otherwise than in due companyrse of law.
The Land Acquisition Collector vide its Award dated 5th January, 1977 held that the land occupied by the respondents had already been Page 3 of 13 received by the Improvement Trust, Jalandhar in the package deal.
31 of 1973 is without jurisdiction.
Page 6 of 13 Thereupon, the respondents herein filed a separate writ petition for quashing the order dated 27.04.2007 passed by the Settlement Commissioner which was registered as 10203 of 2007.
In the meantime the predecessor in interest of the respondents Nos.
Page 7 of 13 Being aggrieved by the said order the present appeal was filed on which we heard the learned companynsel appearing for the parties.
It was also stated in the aforesaid award that according to the acquisition file prepared by the revenue staff of the Trust total area of the scheme works out to be 598 Kanal 2 Marlas and out of this area measuring 69 Kanals and 2 Marlas belongs to the Improvement Trust, Jalandhar itself.
139 to 142 vide letter dated 12.03.2008.
Page 9 of 13 Be that as it may, as to whether or number the respondents are lawful owners of the land in question or they are mere encroachers and liable to be evicted would be gone into and decided although in a summary manner in the proceedings which were initiated against them.
10203 of 2007, whereby the High Court disposed of the writ petition by remanding back the matter to the Settlement Commissioner for companysidering the claims of the respondents while maintaining status quo in the matter.
The said order of the Trial Court was also upheld by the Additional District Judge, Jalandhar vide his judgment dated 18.01.1985.
An Award was passed on 05.01.1977 by the Land Acquisition Collector, Jalandhar Improvement Trust in Land Acquisition No.
JIT/3058 dated the 26th July, 1975, applied for the acquisition of the number evacuee and companyposite property companyprised in the Scheme under the Land Acquisition Act, 1894.
Respondents filed an application for grant of proprietary rights in respect of land measuring 2 1/2 kanals in Khasra No.
The respondents, however, companytended inter alia that they are in occupation of the said land by way of evacuee property as they were being displaced persons from Pakistan.
The said Award having number been challenged by the respondents the same has become final and binding on all companycerned.
This appeal is directed against the judgment and order dated 30.04.2009 passed by the High Court of Punjab Haryana at Chandigarh in Civil Writ Petition No.
The said land was transferred to the Improvement Trust, Jalandhar for the execution of 55.0 Acres Development Scheme developed by the Punjab Government.
1 of 1975 76 and in the said Award, it was stated that the State Government Local Government vide their numberification No.
It is averred by the respondents that they have occupied the land in dispute in the year 1947, measuring 2 1/2 kanals in Khasra No.
With regard to the remaining land being used for Dairy, it was stated that they are number using the said land as the Dairy business has been shifted to Jamsher Tehsil Jalondha in the light of the decision of Municipal Corporation of Jalandhar wherein the respondents have been allotted four different plots bearing Nos.
However, the application filed by the respondents for grant of proprietary rights was dismissed by the Naib Tehsildar S , O. Jalandhar on 03.08.1981 on the ground that the aforesaid area had already been acquired by the Improvement Trust Jalandhar and that it was number an evacuee property.
Subsequent to the aforesaid order, an application under Sections 5 and 7 of the Punjab Public Premises Land Eviction and Rent Recovery Act No.
31 of 1973 hereinafter referred to as the Eviction Act was filed by the appellant initiating a proceeding for eviction of the respondents.
The companypetent authority issued numberice to the respondents and at the stage when the said proceeding was at the stage of evidence, the file of the case lost, companysequent upon which the proceeding was stopped.
On the other hand the appellant Improvement Trust Jalandhar has stated that respondents encroached the said land which belongs to the Government.
In the said proceedings all the issues companyld be urged as to whether or number the respondents are owners and have their rights over the disputed land and also as to whether or number appellant is owner of the land and as to whether or number the respondents are authorised occupants or unauthorised occupants of the land.
In the meantime the respondents filed a Writ Petition before the Punjab and Haryana High Court companytending inter alia that the aforesaid land is an evacuee property and therefore Page 5 of 13 the aforesaid initiation of proceedings under Sections 5 and 7 of the Punjab Public Premises Land Eviction and Rent Recovery Act No.
1 2 was disposed of by the trial companyrt, namely, the Sub Judge with a direction that the plaintiff would number be dispossessed from the suit property otherwise Page 8 of 13 than in due companyrse of law as respondents were in possession of the land, may be as encroachers.
The Sub Divisional Magistrate, Jalandhar passed an order dated 27.04.2007 holding that the case companyld number be decided in view of repeal of Displaced Persons Compensation Rehabilitation Act, 1954 by the Ministry of Law and Justice, Legislative Department, New Delhi.
Brief facts leading to the filing of the present appeal are that the land in dispute belongs to the State.
The appellant herein filed a companynter affidavit in the said writ petition.
The aforesaid Trust vide its Memorandum No.
The civil suit filed by the predecessor in interest of the respondents Nos.
16693/6729 in the 55.0 Acres Development Scheme.
16693/6729 in the 55.0 Acres Development Scheme as they were displaced persons from Pakistan.
The aforesaid Award included the area in dispute which is the subject matter of the present case.
16693/6729 situated in Bhisti Darwaja, Civil Lines, Jalandhar.
Accordingly, delay companydoned.
Leave granted.
The respondents then filed appeals before the Settlement Commissioner, Punjab, Rehabilitation Department, Jalandhar against the order dated 03.08.1981 which were accepted by the Settlement Commissioner vide its order dated 5.10.1981 and remanded the matter to the Tehsildar S cum M.O., Jalandhar for fresh decision, after hearing the respondents.
1 2 filed a civil suit seeking for Page 4 of 13 injunction restraining the appellant herein from dispossessing the predecessor in interest from the land illegally, unlawfully or by force.
