CWP No.18573 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.18573 of 2010 Date of Decision: 12.10.2010 Sehdev Verma .....Petitioner Vs. Deputy Commissioner, Jalandhar and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Ms. Jatinderjit Kaur, Advocate for the petitioner. .... RAJIVE BHALLA, J (Oral) The petitioner prays for issuance of a writ in the nature of Certiorari for quashing orders dated 31.1.2007 and 7.4.2010, passed by the Sub Divisional Magistrate-cum-Collector, Jalandhar-I and the Deputy Commissioner,Jalandhar (exercising the powers of the Commissioner), whereby his ejectment has been ordered. Counsel for the petitioner submits that as the petitioner has constructed a house, has been provided an electricity and water connection and is paying taxes to the Municipal Corporation, he has wrongly been held to be an unauthorised occupant and evicted from the land. It is further argued that in view of various policies framed and instructions issued by the Government, unauthorised occupants of government land are allowed to purchase the land in their possession. The orders of ejectment should, CWP No.18573 of 2010 2 therefore, be set aside and the petitioner should be allowed to purchase the land. I have heard counsel for the petitioner and perused the impugned orders. To a specific query, whether the petitioner has any right, title or interest in the land in dispute, apart from his unauthorised occupation, counsel for the petitioner is unable to refer to any allotment, sale deed, lease deed or any such document that entitles the petitioner to occupy this land. The land in dispute belongs to the canal department and apparently abuts the “Model Town Minor”. The petitioner and other similarly situated persons have encroached upon this land without any right. The petitioner is a rank trespasser and the mere fact that he has been allowed an electricity and water connection or that the Municipal Corporation is charging taxes, does not legitimise his illegal possession. The petitioner's ejectment under the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 is, therefore, justified and affirmed. In this view of the matter, the writ petition is dismissed, with liberty to the petitioner to approach the appropriate authority, for purchase of land. 12.10.2010 (RAJIVE BHALLA) GS JUDGE