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2014 DIGILAW 1520 (PNJ)

Mohinder Singh v. State of Punjab

2014-11-11

SHEKHER DHAWAN, SURYA KANT

body2014
JUDGMENT Mr. Surya Kant, J.: (Oral) - The petitioner impugnes the orders dated 07.01.2011 (Annexure P-9) and 20.12.2011 (Annexure P-11) whereby he along with proforma respondents were ordered to be evicted from the land measuring 12 marla and their appeal against the eviction order has been dismissed. These orders have been passed in an eviction petition filed by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. The case of the petitioner and proforma respondents before the Authorities was that though the land measuring 12 marla in their possession was owned by the Gram Panchayat but it was exchanged with their land measuring 5 marla abutting the main road of the village. The Gram Panchayat had taken 5 marla land of the petitioner/co-owners so as to provide a wide public passage to the habitants and in lieu thereof 12 marla land located on the rear side was given. The above-stated plea, however, did not find favour with the Authorities. 2. On August 19, 2014, we directed the petitioner to place on record a site plan depicting, the location of two parcels of land which were allegedly exchanged as well as of their village. The site plan brought on record today (Annexure P/16) clearly suggests that 5 marla land of the petitioners was more valuable as it was abutting the main road and had commercial potentiality. On the other hand, the land measuring 12 marla given by the Gram Panchayat to the petitioner or his co-owners was essentially meant for residential or miscellaneous purposes. 3. The controversy has been substantially set at rest by the new Gram Panchayat of the Village who has now passed a Resolution on 23.10.2014, a copy whereof has been placed on record (Annexure P/17), supporting the above mentioned plea taken by the petitioner regarding exchange of land. 4. Needless to say that if the petitioner came to occupy land measuring 12 marla in exchange of his land measuring 5 marla as depicted in the site plan (Annexure P/16), he cannot be held to be an unauthorized occupant over the Gram Panchayat land. For this very reason, the impugned orders cannot sustain. 4. Needless to say that if the petitioner came to occupy land measuring 12 marla in exchange of his land measuring 5 marla as depicted in the site plan (Annexure P/16), he cannot be held to be an unauthorized occupant over the Gram Panchayat land. For this very reason, the impugned orders cannot sustain. The same are accordingly set aside, however, with a view to enable the Authorities under the Punjab Village Common Lands (Regulation) Act, 1961/Punjab Gram Panchayat Act, 1952 we remit the case to the Collector who shall be at liberty to verify the factum of exchange as also of the Resolution passed by the Gram Panchayat on 23.10.2014. If the Collector is satisfied that the land measuring 12 marla was indeed given to the petitioner/his co-owner in exchange of their land measuring 5 marla, necessary entries to this effect be made so that the controversy stands settled for all times to come. The dispossession of the petitioner from the land measuring 12 marla shall remain stayed till necessary orders are passed by the Collector. ---------0.B.S.0------------