- (1.) CM No. 15413 of 2014 Application is allowed. Notification dated 11.9.1987(Annexure P-6) is permitted to be taken on record. CWP No. 24005 of 2014 Challenge in the present writ petition is to an order passed by the Collector under Section 18 (1)(b) of the Haryana Urban Development Authority Act 1977 (for short 'the Act') on 11.8.2008 (Annexure P-3); order in appeal dated 16.3.2009 (Annexure P-4) and order in revision dated 5.8.2014 (Annexure P-5), whereby the petitioner has been ordered to be evicted from the land in question for the reason that he is the encroacher on the land vesting with HUDA.
(2.) Petitioner was served with a notice under Section 18(1)(b) of the Act on 5.6.2008. In reply to the notice, the stand of the petitioner was that he is in adverse possession since 1983 and has constructed eight shops. It was also pleaded that the land in question falls under the ownership of Provincial Government.
(3.) Learned Collector found that as per the Jamabandi for the year 1961-62, the land in question stands in the ownership of Mandi Colonization Department and that such Department stands merged with Haryana Urban Development Authority (HUDA) vide notification dated 11.9.1987. Therefore, the HUDA is required to protect their property and evict the illegal encroachers from HUDA land. Such order passed by the learned Collector was affirmed by the Administrator exercising the powers of Chief Administrator as the Appellate Authority on 16.3.2009. Further a revision petition before the State Government also remained unsuccessful vide the order dated 5.8.2014 (Annexure P-5).;