HEMANT GUPTA,J. - (1.) The challenge in the present writ petition is to an order passed by District Development and Panchayat Officer exercising powers of Collector on 28th July, 2010 in a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, 'the Act'). The Panchayat sought ejectment of the present petitioners from the land comprising in Khewat No. 581, Khatauni No.682, Khasra No.59(123-2) measuring 22 marlas.
(2.) Learned Collector dismissed the petition holding that the land is situated in abadi and that the petitioners have constructed their houses 30 years ago. The Panchayat never remained in possession of this area and nor the Panchayat has any right over it. However, in appeal against the said order the learned Director, Rural Development and Panchayat, Punjab exercising powers of the Commissioner under the Act appointed Divisional Deputy Director, Rural Development and Panchayat as Local Commissioner to inspect the spot. The Divisional Deputy Director, Rural Development and Panchayat inspected the spot and submitted report dated 22.12.2011. It was reported that three plots have been carved out in the land measuring 22 marlas, wherein, the boundary wall has been constructed. The land was lying vacant before the possession of the same was taken by the named person i.e. Ajit Singh son of Sadhu Singh, Davinder Singh son of Gurdial Singh, Sukhwinder Singh son of Roshan Singh and Gian Singh son of Hari Chand. It may be noticed that the Local Commissioner was appointed without notice to the present petitioners and relying upon the said report, the learned Commissioner passed an order of eviction.
(3.) Learned counsel for the petitioners vehemently argued that the site inspection will not show that the land was reserved or is being used for common purpose. Therefore, an ex-parte report of the Local Commissioner could not be made sole basis for holding that the petitioners have no right over the land situated in abadi deh.;