Supreme Court Decision: A government road was built on private land, after 22 years, the Supreme Court has given an important decision
A government road was built on private land, the land owner kept fighting for his rights for years. The case went on for about 22 years from the lower court to the Supreme Court. The land owner died while fighting the legal battle, but now he has won the case. Let us know about it in detail.
The matter is of Bawal Nagar Palika area. On the orders of the Supreme Court, Civil Judge Amandeep Bawal, in an important decision, settled the dispute that was going on for years. Now the family has been given possession.
The claim was against him in the lower court, but he did not give up
According to the facts of the case, in 1997, Nagar Palika Bawal had made a road on the land of Bhajju Ram, a resident of Mohalla Jatwada. Bhajju Ram had got this road measured and declared it to be his land, after which, starting the court proceedings, Bhajju Ram filed a case in the civil court on 9 April 1997. In this claim, Bhajju Ram had accused the Nagar Palika of usurping his personal land in an illegal manner and had demanded that the action of making the road on the land be declared illegal.
When this claim went against Bhajju Ram in the lower court, Bhajju Ram filed an appeal against this order in the court of Additional District and Sessions Judge on 20 January 2004. While deciding this appeal, the then Sessions Judge RC Bansal gave the verdict in favour of Bhajju Ram on 17 August 2006.
Heirs continue court battle
Bhajju Ram had died during the entire case proceedings, but his heirs continued the court battle. Taking action after the rejection of the Nagar Palika's appeal in the Supreme Court, Bawal Judge Amandeep ordered Bhajju Ram's sons Munnalal and Babulal to be given possession of the land by removing the encroachment from the Nagar Palika road. The possession action was done by ACJ Senior Division Judge Amandeep's reader Sudhir Chauhan by going to the spot and getting the measurement done by the Girdawar and Patwari and Bhajju Ram's family members were given possession on the spot itself.
The municipality filed an appeal in the High Court
In protest against the decision, Nagar Palika Bawal filed an appeal in Punjab and Haryana High Court and this appeal was dismissed on 7 November 2006. Meanwhile, Bhajju Ram also filed an Ejara on 7 June 2008 as per the order of the appeal to take possession of the land, but Nagar Palika Bawal filed an appeal in the Supreme Court after the appeal was dismissed in the High Court order and stayed the Ejara action of the lower court. After this, the Supreme Court declared the Nagar Palika's appeal dismissed on 3 June 2016.