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High Court of Punjab and HaryanaLPA/1178/2019dismissed

Swaranjit Kaur And Others v. Commissioner-Cum-Deputy Commissioner And Others

2019-09-26Mr Justice Rajiv Sharma,Mr. Justice Harinder Singh Sidhu3 pages

          



            

       

   



             

    

  

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!"# $%  #  &       Since common questions of law and facts are involved in the aforesaid appeals, therefore, these are taken up together and disposed of by a common judgment.

2.

These Letters Patent Appeals are instituted against the

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judgment dated 29.10.2018 rendered by the learned Single Judge in CWP no.24489 of 2018 and analogous matter.

3.

The appellants have challenged the orders dated 26.05.2014, 14.10.2015 and 14.03.2018 whereby their eviction was ordered from khasra no.50 under the Punjab Public Premises & Land (Eviction & Recovery) Act, 1973.

4.

The case of the State was that the appellants have raised unauthorized construction on the land of the Irrigation Department. The department has filed the petition under Sections 4, 5 & 7 of the Punjab Public Premises & Land (Eviction & Recovery) Act, 1973 on the basis of demarcation dated 29.12.2010.

5.

Learned counsel for the appellants has vehemently argued that they have purchased the land from genuine vendors. However, as per demarcation report, the appellants were found in possession over khasra no.50.

6.

Learned counsel for the appellants has further argued that the demarcation report is not as per the revenue law. 7.

The fact of the matter is that the demarcation was carried out in the presence of all the parties including the appellants. They have not raised any objection to the demarcation report dated 29.12.2010. The appellants have encroached upon the government land. The prescribed authorities under the Act have passed reasoned and speaking order. The orders have been upheld by the learned Single Judge by passing speaking and reasoned judgment.

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Accordingly, there is no merit in these appeals and the same are dismissed.

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