- (1.) The petitioners pray for issuance of a writ of certiorari quashing order dated 06.05.1998 (Annexure P-7), passed by the Joint Development Commissioner (IRD),Punjab (exercising the powers of 'Commissioner'), holding that the land, in dispute, vests in the Gram Panchayat.
(2.) Counsel for the petitioners submits that the petitioners have been in possession of 32 kanals of land for the last more than 35 years, as it is a part of "Bachat Land" left over during consolidation. The petitioners are proprietors of the village and are in cultivating possession without any objection from any person much less the Gram Panchayat. The Gram Panchayat, filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act'), which was dismissed on 27.08.1982, by holding that the land does not belong to the Gram Panchayat. The Gram Panchayat filed an appeal after 12 years, which was dismissed on 19.07.1995. The Gram Panchayat, however, persisted in interfering with the petitioners' possession, compelling the petitioners to file Civil Suit No.474 of 1993, to restrain the Gram Panchayat from interfering in their possession. The suit was decreed on 04.09.1993, but as the Gram Panchayat made another attempt to interfere in the petitioners' possession, they filed Civil Writ Petition No.1307 of 1993, to restrain the Gram Panchayat from auctioning the land. The writ petition was disposed of on 07.07.1994, by directing that the petitioners shall not be dispossessed otherwise than in due course of law.
(3.) The Gram Panchayat, thereafter, filed a petition under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (hereinafter referred to as 'the 1973 Act'), which was allowed by the Collector, on 18.05.1994, but in the appeal filed by the petitioners, the order was reversed and application filed by the Gram Panchayat was dismissed, by the Joint Development Commissioner, on 07.02.1996. The Gram Panchayat, thereafter, filed an application under Section 11 of the 1961 Act, claiming ownership of the land, in dispute. The Collector dismissed this application but the Joint Development Commissioner has accepted the appeal filed by the Gram Panchayat by passing an order, disregarding the petitioners' possession of over 35 years, ignoring the absence of any evidence to prove the ownership of the Gram Panchayat and disregarding dismissal of the petitions for ejectment, filed under Section 7 of the 1961 Act and under Sections 4 and 5 of the 1973 Act. It is further argued that Section 11, as it stood at the time of filing the application, did not empower a Gram Panchayat to file a petition under Section 11 of the 1961 Act. Section 11 of the 1961 Act was amended on 16.07.1993, conferring a right upon a Gram Panchayat to seek declaration of ownership. The Gram Panchayat, therefore, had no right to file a petition and that also without explaining the delay. It is further contended that as the petitioners are in, admitted, possession of the land, in dispute, for more than 35 years, they have perfected their title by adverse possession.;