Karnal court awards ownership rights of encroached land to medical college

Public prosecutor Sachin Kumar said that the court accepted the appeal filed by the Haryana government’s health and medical education department and set aside the lower court’s judgment on October 7, 2021

The court of additional district and sessions judge, Karnal, Rajnish Kumar Sharma, has ordered the award of ownership rights for five marlas of encroached land to Kalpana Chawla Government Medical College and Hospital.

The court also dismissed the plaintiffs’ civil suit with costs. (HT FILE)

The case concerned a plot of government land measuring approximately five marlas in Karnal’s Jarnaily Colony, over which the plaintiffs had claimed rights based on long-standing possession.

Public prosecutor Sachin Kumar said that the court accepted the appeal filed by the Haryana government’s health and medical education department and set aside the lower court’s judgment on October 7, 2021. The court also dismissed the plaintiffs’ civil suit with costs.

The department informed the court that the land in question had been duly transferred to the medical college and that the plaintiffs were in unauthorised possession of it.

In its judgment, the court clarified that an entry in revenue records merely designating someone as a ‘non-occupancy tenant’ does not confer the status of a legal tenant or grant ownership rights.

The public prosecutor explained that after the government announced plans to establish a medical college and hospital in Karnal, the health department transferred this land to the college according to regulations.

He said that the court also upheld the legality of the amendment made to the khasra girdawari by the assistant collector (2nd class) on March 15, 2014.

“The court observed that the amendment process was followed according to the rules and the necessary public notice was published; therefore, the said order could not be declared illegal. After considering all facts and evidence, the court allowed the government’s appeal, set aside the trial court’s judgment, and dismissed the litigants’ suit with costs,” Kumar said.