Gurdev Singh, J. - (1.) THE decision of this writ petition by which the validity of the order of the competent Officer, Amritsar, dated 14th February 1961, and the order of the appellate Officer, dated 5th July 1962, affirming the above order is assailed, turns upon the determination of the question: Whether the Competent Officer appointed under the Evacuee Interest (Separation) Act LXVI of, 1950 has the jurisdiction to issue an injunction restraining a person, who is not even a party to" the proceedings before him, from interfering with the possession of the composite property, as defined in Section 2 of the above Act?
(2.) THE facts giving rise to these proceedings, in brief, are as follows: By East Punjab Government notification No. 3412 -B and C -48/19962, dated 10th April, 1948 the walled city of Amritsar was declared as a damaged area. On coming into force of the Punjab Development of Damaged Areas Act X of 1951 the Petitioner (The Amritsar improvement Trust) framed a scheme for development under Section 3 of the said Act, which was duly published under Section 4 of the Act in the Official Gazette on 1st April, 1956, and also in some of the newspapers. In absence of any objections that scheme was duly, sanctioned by the -State Government under Section 4 of the Act -vide its notification No. 7071 -LB -57/81883, dated, 11th September 1957, and the damaged sites, bearing municipal Nos. 336 to 342/1 situate within the areas affected by the scheme were acquired by the Improvement Trust alongwith other properties (A copy of the relevant notification forms annexure D to the petition). Notices under Section 9 of the Punjab Development of Damaged Areas Act X of 1951 thereinafter referred to as the Act) were issued, inviting objections and claims to compensation. Thereupon, Sham Singh, Teja Singh, Jagtar Singh, and Sudarshan Singh (Respondents 3 to 6) put, in claim for compensation before the Land Acquisition Collector in respect of the properties referred, to above, and the Collector by his award, dated. 17th February 1961, awarded them Rs. 18,440/ - us compensation for the properties bearing Municipal Nos. 336 to 342/1. On 14th March, 1961, the Improvement Trust, deposited this amount with the Land Acquisition Collector under Section 15 of the Act, and out of this Rs. 16340/ - were paid to the said Respondents 3 to 6.
(3.) LATER , on 19th April 1961, the Custodian, Evacuee Property, informed the Competent Officer Amritsar, and Nos. 336/1, 3371, 339/1 and 342 -1 were listed for separation for realization of Rs. 15,000/ -and the Respondents 7 to 10 (Manohar Lal and others), who claimed to be occupiers of these four -properties, applied to the Competent Officer for temporary injunction restraining the Petitioner -(Improvement Trust) from taking possession of these properties. On 15th September 1961, the Competent Officer issued interim injunction (copy -annexure E to the petition) restraining the Improvement Trust from taking possession of the property in dispute. Though originally this injunction operated till 10th October 1961, it was subsequently extended. On 24th October, 1961, the Improvement Trust put in objections before the Competent Officer contending inter alia that -he had no jurisdiction or authority to issue the injunction especially at the instance of Respondents 3 to 6 who were mere occupiers of the premises in question and had no locus standi to move file Competent Officer. The Competent 'Officer by his order, dated 14th February 1962, (copy -of which forms annexure 'G' to the petition), overruled the objections and confirmed the interim injunction. Against this order the Improvement Trust -preferred an appeal, which was rejected by the Appellate Officer, Shri Parshotam Sarup, by his order dated 5th July 1962 (copy of which is. annexure II). Aggrieved by this the Amritsar improvement Trust has invoked the jurisdiction of this Court under Articles, 226 and 237 of the Constitution for quashing "the order of injunction issued by the Competent. Officer on 14th February 1962, and the Appellate Officer on 5th July 1962.;