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2017 DIGILAW 2453 (PNJ)

Darbara Singh v. State of Punjab

2017-10-10

SUDHIR MITTAL, SURYA KANT

body2017
JUDGMENT Mr. Surya Kant, J. (Oral):- The grievance of the petitioner in the instant writ petition isagainst arbitrary and illegal demolition of a part of his residential housecomprising bathroom and entrance gate. The demolition was done by theHalqa Kanungo, Tehsil Moonak, District Sangrur on the assumption that theconstruction raised by the petitioner was on the Gram Panchayat/public landand not on his private land. On the other hand, the case of the petitioner isthat the house including bathroom and entrance gate have been constructedby him on his own land after getting the plot demarcated from the revenueofficials. 2. The petitioner filed a suit for damages by way of compensationagainst the authorities as well as the Gram Panchayat of his village but hissuit has been dismissed by the Civil Court on the ground that its jurisdictionis barred under Section 13 of the Punjab Village Common Lands(Regulation) Act, 1961. 3. We have heard learned counsel for the petitioner and gonethrough the record. 4. There appears to be some merit in the petitioner’s contentionthat if the construction was raised on his private land, the authorities couldnot demolish the same arbitrarily without issuing any show-cause notice andin such event, the petitioner would be legitimately entitled to claim damagesfor the loss caused to him. The moot point is whether the demolished part ofthe building was constructed by the petitioner on his own land or it was apublic property/Gram Panchayat land? Since such a question can beeffectively determined under Section 11 of the Punjab Village CommonLands (Regulation) Act, 1961 and appropriate declaration regardingownership of the land where construction was raised can be granted in thoseproceedings, the writ petition is disposed of with liberty to the petitioner tofirstly file a petition under Section 11 of the 1961 Act and get a declarationthat the land where the construction was raised does not vest in GramPanchayat or any other public authority. As soon as such a declaration isgranted, the petitioner shall be at liberty to claim damages before theappropriate forum. 5. Ordered accordingly. 6. Dasti.