- (1.) This order shall dispose of C.W.P. No. 17351 of 2013, titled as Devi Lal and others v. The Commissioner, Hisar and others, and four other writ petitions raising similar issues arising out of similar facts. The challenge in the present writ petition is to the order Annexure P-9 dated 21.05.2013 whereby a revision petition filed by the petitioners against the orders passed by the Assistant Collector on 31.10.2008 and affirmed by the Collector on 11.11.2009 was dismissed by the learned Commissioner. 1A. The eviction of the present petitioners was sought under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') on the ground that the petitioners are in unauthorized possession of the land measuring 17 marlas for the last 15 years, which is the land of watercourse. On such application, the present petitioners submitted reply that though a water outlet has been shown to be in existence in the revenue record but after consolidation no water course has been running in the khasra number in question nor it was fixed during consolidation. Therefore, the petitioners cannot be said to be in possession of any land reserved for water course during the Consolidation Scheme.
(2.) However, learned Assistant Collector did not find any merit in the argument and found that Gram Panchayat is recorded as owner of the disputed land and, therefore, no question of title is involved. In appeal against the said order, learned Collector noticed an order passed on 26.07.2011 by the Letters Patent Bench in L.P.A. No. 325 of 2011 filed by the Petitioner aggrieved against the order passed by the learned Single Bench. The challenge in the writ petition, against which the appeal was filed, was to the order dismissing his application under Section 42 of the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act, 1928 (for short 'the Consolidation Act'). The petitioner has claimed that they be allotted alternative land since water channel shown in the green colour in the Consolidation Scheme was never used for that purpose. The learned Collector found that as per the revenue record, disputed land is gair mumkin water course which is shamlat deh and thus the order of eviction passed by the Assistant Collector was maintained.
(3.) Learned Commissioner upheld the order of the Assistant Collector and the Collector holding that as per report received from Superintending Engineer Bhakra Water Services Circle No. 1 Hissar, the existing water course is permanent one. It was also noticed that as per jamabandi for the year 2001-02, khasra No. 175, khewat No. 570, khatauni No. 833 (50 kanals 18 marlas) is in the ownership of the Gram Panchayat and that 17 marlas out of the said land is vested in Gram Panchayat as per the demarcation report. The petitioners were found to be in unauthorized possession of such land. In view of such findings, the orders passed were maintained.;