P&H: Upholds Eviction from land recorded as public passage, extends time to vacate by two weeks

punjab-haryana
⚖️ Order Date: 23 Sep 2026
Headnotes

(i) Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Ss.2, 3, 5, 7 — Eviction Order - Gair Mumkin Rasta — Neither compromise decree nor any mutation has been shown to identify Khasra  itself as land standing in appellant's name — Eviction order upheld....

(ii) Letters Patent Appeal — Clause X — Writ petition — Dismissal at threshold without formal notice — Where petitioner's own material does not disclose case for interference, Courtmay decline relief at the admission stage, provided reasons are recorded. (Para 11)

(iii) Delay and laches — Challenge to eviction order after more than six years — Statutory appeal against the order was available but not availed — Enforcement notices issued later did not constitute a fresh adjudication of rights and could not reopen an order that...

(iv) Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Ss.2, 3, 5, 7 — Eviction order — Compromise decree — Family compromise referring to Khewat and Khatauni numbers and houses on Rewari-Kanina Road did not identify disputed land as property conveyed to appellant —...

(v) Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Ss.2, 3, 5, 7 — Eviction order — Pendency of civil suit concerning adjoining land and access through appellant's land did not bar proceedings under Act for alleged unauthorised occupation of public premises — The...

(vi) Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Ss.2, 3, 5, 7, Constitution of India, Art.300A, 21, 14 — Property rights and eviction — Protection under Article 300-A proceeds on existence of legally recognisable right in property concerned — Article 21 cannot convert occupation...

(vii) Haryana Abadi Deh (Vesting, Recording and Resolving of Ownership Rights) Act, 2025 — Mere reference to the enactment was insufficient where no material was placed to show that public passage fell within its coverage or that any claim had been lodged before competent authority....

(viii) Haryana Public Premises (Eviction and Rent Recovery) Act, 1972, Ss.2, 3, 5, 7 — Eviction Order — Interim protection — Old residential structure on public passage — Hardship from removal of an old house could not by itself create legal right to retain possession...


Facts of the Case

P&H: Upholds Eviction from land recorded as public passage, extends time to vacate by two weeks

The Punjab and Haryana High Court has dismissed a Letters Patent Appeal filed by Dalip against an order directing removal of encroachment from Khasra No. 859 in Village Kanina, Mahendragarh. The Court upheld the view that the land was recorded in revenue papers as Gair Mumkin Rasta and vested in the Municipal Committee, Kanina.

The dispute arose after the Collector, Sub Division, Kanina, passed an eviction order in 2020 under the Haryana Public Premises (Eviction and Rent Recovery) Act, 1972. The order was based on a demarcation report which showed a pucca house and boundary wall on the land. The...

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