- (1.) This order shall dispose of Letters Patent Appeals No. 1686 and 1687 of 2010, filed by Appellant Gulzar Singh, against the order dated 28.5.2010, passed by the learned Single Judge, whereby Civil Writ Petitions No. 2938 of 2007; and 16763 of 2006, filed by Gram Panchayat, village Amrala, Tehsil Khamano, District Fatehgarh Sahib (Respondent No. 2 herein); and Appellant Gulzar Singh, respectively, have been disposed of.
(2.) Vide the aforesaid impugned order, CWP No. 2938 of 2007, filed by Respondent No. 2 - Gram Panchayat, challenging the orders dated 21.1.1999 and 15.7.2005, passed by the District Development and Panchayat Officer, Fatehgarh Sahib (exercising the powers of the Collector) and the Director Rural Development and Panchayats, Punjab (exercising the powers of Commissioner), respectively, has been allowed, whereas CWP No. 16763 of 2006, challenging the aforesaid order dated 15.7.2005, passed by the Director Rural Development and Panchayats, Punjab (exercising the powers of Commissioner), has been dismissed.
(3.) In the present case, the dispute is about 8 Kanals 7 Marlas of land, situated in village Amrala. With regard to the said land, an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act') was filed by Respondents Gurbachan Singh and Avtar Singh, for declaration that the land in dispute vests in the Gram Panchayat and Appellant Gulzar Singh is in un-authorised occupation of the said land. The Appellant contested the said application on the ground that the disputed land does not vest in the Gram Panchayat, as the same was in possession of his predecessors, even prior to 26.1.1950. The Collector, vide his order dated 21.1.1999, dismissed the said application, while coming to the conclusion that since the predecessors of the Appellant were in possession of the land in dispute, prior to 26.1.1950, therefore, in view of Section 2(g)(viii) of the Act, the land does not fall within the definition of shamilat deh' and the cultivating possession of the Appellant or his predecessors is protected under Section 4(3)(ii) of the Act.;