CIVIL WRIT PETITION NO. 6817 OF 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : September 02, 2009. Parties Name Parvesh Mohindra ...PETITIONER VERSUS State of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. R.K.Dadwal, Advocate, for the petitioner. Mr. Anil Sharma, Addl. A.G., Punjab; JASBIR SINGH, J. (oral) ORDER: This writ petition has been filed with a prayer to set aside order dated November 19, 2007 (P-5), ordering ejectment of the petitioner from the land, which was in his unauthorised occupation. Further challenge is to the order dated January 2, 2009 (P-10), dismissing appeal, filed by the petitioner. It is also prayed in this writ petition that a Local Commissioner be appointed to demarcate the land belonging to the petitioner, which is situated in Khasra No. 47//4 (6-14), 5(7-7), 7 (2-4), with a view to ascertain as to whether the petitioner had encroached upon the Government land or not. Record reveals that the process of removal of encroachment CIVIL WRIT PETITION NO. 6817 OF 2009 (O&M) -2- from the Government land, started after filing of Civil Writ Petition No. 7036 of 2005. It was a Public Interest Litigation, wherein it was allegation that the factory owners and others, whose land adjoins a rivulet known as 'Budha Nallah', falling in Khasra No.195, have encroached upon the Government land and are also throwing dirty water in that rivulet. During pendency of the said writ petition, this Court has ordered demarcation of the land falling under that rivulet and the adjoining area. Accordingly, demarcation was conducted by a Tehsildar on September 16, 2008, report is Annexure R-5, it was found that the petitioner was in unauthorised occupation of 27 Sq. yards of land falling in Khasra No. 195, which was the public property. By taking note of unauthorised occupation on the Government land, proceedings were initiated against the petitioner, by invoking the provisions of Sections 5 and 7 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (in short the Act) . By placing reliance upon the demarcation report, as mentioned above, and orders, passed by this Court in CWP No. 7036 of 2005, petitioner's ejectment was ordered on November 19, 2007, by observing as under: “The site plan available on the file and reply of the respondent has been perused. As per the site plan attached with the application, the respondent is having illegal possession over 27 Sq. yards of land in Khasra No. 195 but the respondent in his reply has stated that he has purchased the said land as per the sale deed, which is totally wrong. As per the spot inspection of the revenue officers, the respondent has illegally possessed the Punjab Govt. land, therefore, the respondent is ordered to be evicted from the unauthorized possession of the land within a CIVIL WRIT PETITION NO. 6817 OF 2009 (O&M) -3- period of 15 days failing which the action as per the rules shall be initiated.” Petitioner went in appeal, which was dismissed vide order dated January 2, 2009 (P-10). Hence this writ petition. It is contention of counsel for the petitioner that the demarcation was not done properly , due to which passing of the impugned order is not justified. Counsel further states that at the time of demarcation, fixed stone, fixed at the time of consolidation proceedings, was not located. It has further been stated that the petitioner is in possession of 1 Kanal and 13 Marlas of land, which he purchased vide sale deed dated April 27, 1994, regarding which site plan was sanctioned on November 02, 1995, by the competent authority, for construction at the site. Counsel prays that the orders under challenge be set aside and a Local Commissioner be appointed to demarcate the land and thereafter action be taken as per law. Prayer of counsel for the petitioner has been opposed by the State counsel, who by placing reliance upon the demarcation report dated July 4, 2009(R-6) argued that the demarcation was done in the presence of the petitioner and other affected persons. He further stated that the petitioner has not placed on record any document, in the form of measurement of the site that he was in possession of 1 Kanal 13 Marlas of land and to further show that it falls in Khasra No. 44/4, purchased by the petitioner. After hearing counsel for the parties, this Court feels that the writ petition deserves dismissal. It is apparent from the records that the petitioner is hell bent upon to remain in unauthorised occupation of the CIVIL WRIT PETITION NO. 6817 OF 2009 (O&M) -4- land measuring 27 Sq. yards, which otherwise belongs to the State of Punjab. In C.W.P. No. 7036 of 2005, demarcation (R-5) was effected under orders , passed by this Court on September 16, 2008. During demarcation, area measuring 27 Sq. yards was found in unauthorised occupation of the petitioner. After that, proceedings were initiated for his ejectment. Action for ejectment of the petitioner and others, who were found in unauthorised occupation of the land, vide demarcation report, mentioned above, was initiated. Some of the right holders were not satisfied. They came to this Court by filing Civil Writ Petitions No. 12572 and 12577 of 2008, which were disposed of on January 13, 2009, and it was ordered that demarcation of the land in dispute be again done to ear mark the land falling in Khasra No. 195, i.e., the land which falls under the rivulet known as Budha Nallah. The demarcation was effected on February 4, 2009. Record reveals that before making the demarcation, notice was sent to the effected parties, i.e., persons, who were the petitioners in two Civil Writ Petitions, mentioned above, and Parvesh Mohindra, who is petitioner in this writ petition, was present at the spot. It is so apparent from the photographs shown to the Court during arguments today. He has also signed the attendance sheet, which is available at page 111 of the paper book. In that demarcation also, it was found that he was in unauthorised occupation of 27 Sq. yards of Government land. As per report, it was further opined that the demarcation earlier done by the Tehsildar on September 16, 2008, was correct. To show to the contrary, no document has been placed on record and the counsel has also failed to pin point as to how the demarcation reports, mentioned above, are liable to be ignored. Furthermore, the petitioner has not levelled any allegation of malafide against the officers, who had conducted the CIVIL WRIT PETITION NO. 6817 OF 2009 (O&M) -5- demarcation on both the occasions. If that is so, in this writ petition no relief can be granted to the petitioner. In view of facts, mentioned above, this writ petition fails and the same is dismissed. ( Jasbir Singh ) Judge September 02, 2009. DKC