M.L. Singhal, J. - (1.) THIS revision is directed against the order dated 25.9.1998 of Additional District Judge, Ambala, whereby he dismissed the appeal of the plaintiff -petitioner (S.D.College Society (Lahore), New Delhi, through Dr. Desh Bandhu, Principal, S.D.College, Ambala Cantt.) from the order of Civil Judge (Jr. Divn.), Ambala Cantt. dated 12.5.1998.
(2.) PLAINTIFF filed suit for permanent injunction against the Municipal Council, Ambala Cantt. through - (i) Executive Officer, and (ii) S.D.M. Ambala exercising the powers of the Collector, under the Punjab/Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1') 72, (hereinafter referred to as 'the Act') restraining them from continuing and holding further proceedings against the plaintiff under Sections 4 and 7 of the Act. Along with the suit, plaintiff moved an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for the grant of ad interim injunction restraining the defendants from continuing with the proceedings under Sections 4 and 7 of the Act. It was alleged in the plaint that the plaintiff had taken 14.51 acres of land situated near the S.D.College, Ambala Cantt, from the Cantonment Board, Ambala Cantt. in the year 1948. Municipal Committee came into existence on 05.02.1977. On 08.07.1985, a fresh lease deed regarding that land was executed between the plaintiff and the Municipal Committee for a period of 30 years with effect from 15.09.1978 with a provision that lease could be renewed for a further period of 30 years on the request of the lessee. Municipal Committee started claiming that the plaintiff had encroached upon 4 acres of its land. Plaintiff denied the claim of the Municipal Committee. When the Municipal Committee did not accept the denial of the plaintiff, the plaintiff filed a suit for permanent injunction restraining Municipal Committee from taking possession of 4 acres of land alleged to have been encroached by it (plaintiff). That suit was dismissed by Sub -Judge 1st class, Ambala Cantt. on 29.05.1993. It was Civil Suit No. 373 of 1988 titled "the Sanatan Dharam College Society (Lahore) through Dr. R.P. Vij, Principal S.D.College (Lahore), Ambala Cantt. v. Municipal Committee Sadar, Ambala Cantt. through the Chief Executive Officer". It was held that the Municipal Committee had failed to prove that the plaintiff had encroached upon 4 acres of its land in excess of the land which had been leased out to it (plaintiff). It was also held that if there was any encroachment, Municipal Committee could not dispossess the plaintiff from the land encroached upon and it ought have recourse to law. It was also held that the suit was not filed by a competent person on behalf of the plaintiff -Society. Plaintiff went in appeal which was allowed by Additional Distt. Judge, Ambala, vide order dated 20.12.1995. Thereafter, proceedings were initiated for the eviction of the plaintiff under Sections 4 and 7 of the Act in the Court of S.D.M., Ambala, exercising the powers of the Collector under the Haryana P.P. Act of 1972. It was with a view to stall the proceedings initiated under section 4 and 7 of the Act that the suit was filed by the plaintiff. It was alleged in the plaint that when it has already been held that there is no encroachment on the part of the plaintiff, no proceedings could be taken under Sections 4 and 7 of the Act before the Collector by the Municipal Committee. I have heard the learned counsel for the parties and have gone through the records. In Civil Suit No. 373 of 1988 filed by the plaintiff against the Municipal Committee, Ambala Sadar, Ambala Cantt. Surinder Kumar Verma had measured the land, but his report was not brought on record. Had his report been brought on record, it could have become known whether the plaintiff had or had not encroached upon any land in excess of 14.51 acres which was leased out to it by the Municipal Committee. There was, thus, no finding on merit. Case of Municipal Committee was that the plaintiff was in possession of 18.51 acres of land which was in excess of the land leased out to S.D.College Society (Lahore), Ambala Cantt. The Court observed that even if for the sake of arguments it is presumed that there is any encroachment over any land by S.D.College Society (Lahore), Ambala Cantt., the Municipal Committee cannot forcibly dispossess the plaintiff and Municipal Committee has to resort to the relevant provisions of law. Plaintiff's suit was dismissed because of alleged lack of authority of Dr. R.P. Vij in instituting the suit on behalf of S.D.College Society, (Lahore), Ambala cantt. In appeal, the learned appellate Court did not go into the question whether there has or there has not been encroachment by the S.D.College Society (Lahore), Ambala Cantt. Appellate Court set aside the finding of the trial Court and held that Dr. R. P. Vij had been duly authorised to file suit on behalf of S.D.College Society (Lahore), Ambala Cantt. In the Civil Court, thus, there was no finding on the issue of encroachment.
(3.) THERE is no gain saying that an application under Sections 4 and 7 of the Act is maintainable against the one who had encroached upon Public Property and is in unauthorised occupation of the public property. It would bear repetition that as per Municipal Committee, 14.51 acres of land had been leased out to S.D.College Society (Lahore), Ambala Cantt., but it is in occupation of 18.51 acres of land. It will be gone into by the Collector while dealing with application under Sections 4 and 7 of the Act, for finding out whether there has or there has not been encroachment. Collector has inherent jurisdiction under Sections 4 and 7 of the Act to deal with encroachments of the Public Property and to vacate them. How can the Civil Court restrain the Collector from exercising jurisdiction vested in him under Sections 4 and 7 of the Act to deal with an encroachment of Public Property and throw him out?;