- (1.) By way of this order, we shall dispose of Civil Writ Petition Nos. 3330 of 2011 and 3359 of 2011, as they involve adjudication of identical questions of law. The common questions posed in these petitions are whether vacant land within "Abadi Deh" vests in a Gram Panchayat and if so whether use of vacant land for storing fire wood, cow dung and tethering of cattle would raise an inference that the land is not vacant?
(2.) The facts as admitted are that the petitioner, namely, Gram Panchayat of Village Ladhuwas Ahir, filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter refereed to as 'the Act') (as applicable to the State of Haryana), alleging that the private respondents are in illegal occupation of land measuring 1 Kanals and 17 Marias bearing Khasra No. 87, situated within the "Abadi Deh" of the village. The Gram Panchayat asserted that, though, the land falls within "Abadi Deh", it vests in the Gram Panchayat as "Shamilat Deh", being vacant land, by virtue of Section 2(g)(4)(a) of the Act. The private respondents raised a plea that the land is "Abadi Deh" and was in possession of their forefathers and as they are in possession, the land does not vest in the Gram Panchayat under Section 2(g)(4)(a) of the Act. The private respondents also asserted that they are storing fire wood etc. on the land in dispute. The Assistant Collector 1st Grade, Rewari, accepted the petition and directed the ejectment of private respondents by holding that the land in dispute is vacant land within "Abadi Deh" and private respondents have failed to produce any evidence of their old possession.
(3.) Aggrieved by this order, the private respondents filed an appeal. Vide order dated 28.08.2007, the Collector, Rewari, dismissed the appeal. The private respondents, thereafter, filed a revision before the Commissioner, Gurgaon Division, Gurgaon, who vide order dated 13.05.2010, allowed the appeal, set aside the orders passed by the Assistant Collector and the Collector and held that there is no evidence on record to establish that the land in dispute is owned by the Gram Panchayat, as the land is 'Abadi Deh" and does not fall within the definition of common land. It was also held that as private respondents are using the disputed land since long as a "Gatwar", it is not vacant land as defined under Section 2(g)(4)(a) of the Act.;