- (1.) This order shall dispose of Civil Writ Petition Nos. 9185, 9309, 10420, 10421 and 10447 of 2014 as common questions of law and facts are involved in these cases. For brevity, the facts are being extracted from Civil Writ Petition No. 9185 of 2014.
(2.) The petitioners have laid challenge to the orders dated 17.02.2010 and 16.11.2012 passed by the Director, Rural Development and Panchayats, Punjab, exercising the powers of Commissioner under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act'). Vide the first order dated 17.02.2010, the above-named Authority condoned the delay of 4832 days in filing of appeal by the Gram Panchayat of village Chachao Majra, Tehsil Kharar, District SAS Nagar, Mohali and vide the subsequent order dated 16.11.2012, the said appeal filed by the Gram Panchayat has been allowed and consequently the suit instituted by the petitioners under Section 11 of the 1961 Act to declare them owners in possession of the suit land, has been dismissed.
(3.) The 1961 Act whereunder jurisdiction of the Civil Court is expressly barred, enables an inhabitant of the village to institute a declaratory petition under Section 11 to claim ownership rights over the land in his possession which the Gram Panchayat claims to have vested in it being shamlat Deh. In the absence of declaration of title, Section 7 of the 1961 Act contemplates summary eviction proceedings at the instance of the Gram Panchayat and the person found in unauthorized possession can be evicted and possession restored in favour of the Gram Panchayat.;