J.L. Gupta, J. - (1.) THE petitioner prays that the order dated 17th March, 1978, 17th December, 1998 and 13th July, 2001, passed the Assistant Collector, the Collector land the Commissioner be set aside. Copies of these orders have been produced on record as Annexures P.1 to P.3.
(2.) RESPONDENT No. 4 filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act'). It was alleged inter alia that the petitioner and certain other persons were in unauthorised occupation of land vesting in the Panchayat. The petitioner contested the application. However, the Assistant Collector found that the petitioner was in occupation of Khasra No. 563. He had no right to the land. He was, thus, ordered to be evicted. He was also directed to pay Rs. 10,000/ - per hectare by way of damages for use and occupation of the land. The petitioner filed an appeal. The Collector found that the petitioner had encroached upon land measuring 2 karams in width instead of 3 karams, as had been found by the Assistant Collector. Still, the petitioner filed a representation. It was dismissed by the Commissioner on 13th July, 2001. Hence this petition. Shri Manohar Lall, learned counsel for the petitioner contends that the land in dispute was not a part of the Shamlat land, as defined in Section 2(g) of the Act. Thus, the award of damages was wholly arbitrary and illegal.
(3.) IT is conceded that this point was not raised before any of the Authorities. However, the Counsel submits that it is a pure question of law.;