IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1579 of 2011(O&M) Date of decision: 01.09.2011 Shiv Kumar etc. …..Appellants versus The Commissioner etc. ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.K.C.Chaudhary, Advocate for the appellants Jasbir Singh, J. (Oral) C.M. No.4303 of 2011 In view of reasons mentioned in this application, which is accompanied by an affidavit, it is allowed and 48 days delay in filing the appeal stands condoned. LPA No.1579 of 2011 This appeal has been filed against an order dated 10.5.2011, dismissing CWP No.8232 of 2011, filed by the appellants. By alleging that the appellants are in unauthorized occupation of the municipal corporation’s land, an application under Sections 4 and 5 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, for their ejectment, was filed before the competent officer, who vide order dated 14.12.2009, ordered their ejectment by noting that they are in unauthorized occupation of public land. A very detailed order was LPA No.1579 of 2011(O&M) passed discussing entire evidence led by both the parties. A finding of fact was given that as per documents put on record, even by the appellants, their unauthorized occupation over the public property was proved. Appellants went in appeal, which was dismissed by the appellate Court vide order dated 16.11.2010. The appellate authority also noted that the street, on which the appellants were found in occupation, was the ownership of the municipal council and the appellants had raised construction thereon without any justification. It is also coming out from the record that to defeat the rights of respondent No.3, appellants even went to the civil Court and failed. The learned Single Judge, by noting above facts, has rightly dismissed their writ petition. Nothing has been shown to the contrary which may necessitate interference by this Court. Dismissed. (Jasbir Singh) Judge 01.09.2011 (Augustine George Masih) gk Judge 2