Suraj Bhan vs Dy. Commnr., Sonepat & Ors

3. The brief facts leading to the filing of this appeal may be narrated as under:

40.3' ft x 5 ft., consisting of a bathroom thereon since the time of his father (hereinafter referred to as the `said land'). In respect of the said land, the respondent Nos. 5 to 7 filed a civil suit for mandatory injunction in the Court of Subordinate Judge, 1st Class, Rohtak against the appellant for a direction upon him to remove the bricks lying in the said land and also for a direction to the father of the appellant to close his door opened on the plot of the Chopal. The Civil Court decreed the suit on 16th of August, 1976.

5. The Gram Panchayat Barona, Respondent no.4 herein, filed an ejectment application against the appellant, under Section 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 alleging that the appellant had illegally encroached upon some area of Khasra no. 33/100, which was reserved in the consolidation for Harijans Chopal and vested in Gram Panchayat. The said application 3 was allowed by Assistant Collector, Ist Grade, Sonepat by order dated 29th of March, 1994. Against the aforesaid order an appeal was filed before the Collector, Sonepat and the Collector vide order dated 22nd of September, 1994 directed the appellant to get a resolution passed from respondent no.4 for the purchase of the said land within six months and get the proceedings for the purchase of land in order, failing which he would be treated as dispossessed.

6. It is the case of the appellant that the Gram Panchayat passed a resolution on 22nd of April,1995 requiring the appellant to deposit Rs.8000/- and further requiring the case to be sent to the Director Panchayat, Haryana for approval. Accordingly, the 4 appellant deposited the above mentioned amount on 22nd of April,1995.

8. Thereafter a representation was filed by one Zile Singh and other residents of Village Barona before the Deputy Commissioner, Sonepat, respondent no.1 herein, for cancellation of order dated 22nd of September, 1994. The appellant also approached the respondent for getting the registration of sale in his favour. The Respondent No.1 passed an order dated 29th of July,2003, holding that since the above mentioned amount of Rs.8000/- was not deposited by the appellant within the stipulated period mentioned in the order dated 22nd of September,1994, the possession of the appellant was illegal and unauthorized. Respondent No.1 further directed Respondent Nos.3 & 4 to take 5 steps to remove the appellant from being in unauthorized possession of the said land. Respondent No.4 was further directed to refund the amount deposited by the appellant to him.

9. Aggrieved by the aforesaid order, the appellant filed writ petition no. 12158 of 2003 before the High Court for quashing the order dated 29th of July,2003 and for directing the Respondent to execute sale deed in favour of the appellant. The High Court dismissed the Writ Petition of the appellant by its judgment dated 4th of January,2005.

13. Further more, in the earlier occasions, this Court had taken into consideration the entire facts and directed that the appellant should be allowed 3 feet space and after getting possession and allotment of 3 feet space, it is now an admitted position that the appellant had encroached a 10 further 5 feet which should not be permitted to continue.

14. For the reasons aforesaid, we do not find any substance in this appeal and the appeal is thus dismissed. There will be no order as to costs.

.........J. [Tarun Chatterjee] New Delhi; ........................J. August 19, 2008. [P.Sathasivam] 11