JASWANT SINGH AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2006-12-140
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 08,2006

Jaswant Singh and Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioners have impugned the order (Annexure P-1) dated 8.6.2006 by which the Block Development & Panchayat Officer, Nurpur Bedi has issued orders for eviction of the petitioners from the land in question within 15 days and further that the possession of the land which has been auctioned be given to the lease-holders.
(2.) The case of the petitioners is that the Gram Panchayat had filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act,1961 and as the petitioners had raised a question of title, therefore, till the same is not decided the petitioners cannot be evicted from the land in dispute. Written statement has been filed on behalf of the Gram Panchayat wherein it has been averred that the petitioners had taken the land on lease for a period of one year on 5.6.2001 for a sum of Rs 1,000/- and thereafter the land was again given on lease by the Gram Panchayat in an open auction to Shri Viney Kumar son of Agya Ram for a sum of Rs 13,500/- and thereafter again on 7.6.2006 to Shri Jagdish Ram for Rs.13,700/-.
(3.) From the aforementioned facts it has been observed that the land in dispute belongs to the Gram Panchayat and is being given on lease for the last many years. The petitioners themselves had taken the land on lease on 5.6.2001. Thus, it is clear that the land belongs to the Gram Panchayat . The proceedings under the Punjab Village Common Lands (Regulation) Act cannot be stalled by any person by raising a question of title but without there being any documentary evidence to support the same.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.