• Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) - Eviction under - Before passing an order of eviction, the rights of the parties have to be examined in the light of Statutes applicable - The rights of dohlidars from eviction are protected in respect of Panchayat land in view Section 4(3)(i) of Punjab Village Common Lands (Regulations) Act 1961, (18 of 1961). (175) P.L.R.  
  • Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) - Haryana Dholidar, Butimar Bhondedar and Muquraridar (Vesting of Proprietary Rights Act, 2010  - Written statement is to the effect that he is in adverse possession of the disputed land - It means that his possession is unauthorized and certainly proceedings under the provisions of the 1972 Act can be initiated against him - So far as the contention with regard to enactment of the 2010 Act and pendency of proceedings under the said Act is concerned, the same is not tenable, those being independent proceedings - Cannot set up a new case and accordingly proceedings under the 1972 Act are legal and valid and filing of petition under the 2010 Act will not have any effect in any manner. (178) P.L.R.  
  • Haryana Public Premises and land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) - That the State of Haryana had decided to sell the land in dispute to the unauthorized occupants because of which they had filed application - Once the ejectment order was passed, they filed an application accepting the State to be the owner of the land in dispute and asked for sale of land to them on its terms - This type of attitude of the petitioners is not acceptable in the matter of equity - It would have been altogether different aspect if the petitioners had filed the application for purchasing the land before eviction order was passed by the Collector. (174) P.L.R.  
  • Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) S. 2(e) - Public Premises - Had entered into unauthorized occupation after the land had been resumed and possession taken by the Collector, Hisar from DCM Mills and before such lawful possession could be restituted/restored back to decree holder-DCM Mills by the State - Management and legal control of State Government continues till it is restituted/restored back to DCM/ Decree Holders - Therefore, the land in dispute would fall within the definition of Public Premises as defined under Section 2(e) of the 1972 Act - Accordingly the question posed is decided in favour of the State Government and against the petitioner.  (179) P.L.R.  
  • Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) S. 4, 5 - Punjab Village Common Lands (Regulation) Rules, 1994 - Panchayat may, with the previous approval of the State Government, gift the land vested in shamilat deh under the Act and in case the land vested in Panchayat is to be gifted in terms of Section 5-A of the Act, Rule 13-A of the Rules provides the mechanism - The petitioner has failed to bring on record any material to the effect that the Panchayat had made the gift of the land in dispute under Section 5 or 5-A of the Act or Rule 13 or 13-A of the Rules and, in any case, a simple resolution of the Panchayat, without prior approval of the Government, is inconsequential to make the petitioner owner of the land in dispute to escape from the order of  eviction. (174) P.L.R.  
  • Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) S. 5, 7 - Eviction of unauthorised occupant - That Municipal Committee, Ganaur did not authorize its President to file application for eviction is concerned, the same is also not sustainable - There is no such plea in the reply filed before the Collector - Every citizen of India has a right to move the Court for removal of unauthorized occupants from the public property. (178) P.L.R.  
  • Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) S. 5-A - Petition under Section 5 of the Act was filed for the purpose of seeking eviction of the petitioner from the land in dispute, which comes within the definition of Section 2(e) of the Act, and has been allowed - Moreover, the land in dispute has already been auctioned which has been confirmed in favour of the highest bidder and the petitioner has unsuccessfully challenged the auction before the Competent  Court - Father  of the petitioner did not apply for purchase of the land in dispute in terms of the earlier policy instructions within the stipulated time and forfeited his right and as far as the petitioner is concerned, relying upon the policy dated 01.11.2001, cannot get any advantage because the said policy is held to be unconstitutional. (174) P.L.R.  
  • Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (24 of 1972) S. 7 - Application for recovery of arrears of rent is not filed by the State of Haryana but by the Panchayat Samiti - Cannot claim arrears of rent beyond a period of three years from the petitioner - Limitation Act, 1963 (36 of 1963) Article 112.  (180) P.L.R.