SAVITA Vs. DISTRICT REVENUE OFFICER-CUM-ASSISTANT COLLECTOR 1ST GRADE, REWARI AND OTHERS
LAWS(P&H)-2012-10-635
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 08,2012

SAVITA Appellant
VERSUS
DISTRICT REVENUE OFFICER-CUM-ASSISTANT COLLECTOR 1ST GRADE, REWARI AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioner prays for issuance of a writ of certiorari for quashing orders dated 11.12.2009, 06.09.2010 and 13.10.2011 passed by the District Revenue Officer-cum-Assistant Collector Ist Grade, Rewari, the Deputy Commissioner-cum-Collector, Rewari and the Commissioner, Gurgaon Division, Gurgaon, respectively.
(2.) Counsel for the petitioner submits that respondent No.4- Lala Ram filed a petition for eviction of the petitioner, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, (hereinafter referred to as the '1961 Act') averring that the land, in dispute, belongs to the Gram Panchayat. The petitioner did not deny the ownership of the Gram Panchayat but pleaded that as she had migrated from another village, the Gram Panchayat allowed her husband to construct a habitation. The petitioner's husband constructed a structure (chapper) in which the petitioner is residing. It is prayed that the petitioner has no objection, if CDEF, i.e., part of the structure that falls in the path, is demolished but the Gram Panchayat may be directed to consider the petitioner's prayer for allotment of land ABCD or any other alternative site, in accordance with law.
(3.) Counsel for private respondent No.4 as well as the Gram Panchayat submit that as the land, in dispute, is reserved for a school, it cannot be allotted to the petitioner and even otherwise as the petitioner is not eligible for allotment of land by the Gram Panchayat, the petition should be rejected summarily.;


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