DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Punjab) [for short 'the Act'] for seeking eviction of respondent No.4 from the land of the Panchayat measuring 6 kanal 12 marla situated within the revenue estate of Village Abdal, Hadbast No.454, Tehsil and Block Dera Baba Nanak, District Gurdaspur and also an application under Rule 20-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (as applicable to Punjab) [for short 'the Rules'] for imposing damages to the tune of twenty times of Rs. 22,000/-.

(2.) The District Development and Panchayat Officer, Gurdaspur (exercising the powers of Collector) allowed the application, holding that respondent No.4 had taken land measuring 6 kanal 12 marla of the Gram Panchayat on lease for a sum of Rs. 22,000/- in the year 2014 but the possession was not delivered back to the lessor/Gram Panchayat even after the expiry of lease period. Respondent No.4 was thus considered to be in unauthorized possession and application filed under Section 7 of the Act was allowed with damages, to be paid by respondent No.4, to the tune of Rs. 4,40,000/- assessed @ 20 times of the amount of earlier lease of Rs. 22,000/- per annum.

(3.) The order dated 26.3.2015, passed by the Collector, was challenged by respondent No.4 by way of an appeal. The Director Rural Development and Panchayat Department, Gurdaspur (exercising the powers of Commissioner) partially allowed the appeal, maintaining the order of eviction but reduced the amount of damages from Rs. 4,40,000/- to Rs. 50,000/- without assigning any cogent reason.