- (1.) The petitioner has impugned the order dated 22.07.2004 (Annexure P-8) passed by the Joint Development Commissioner (IRD), Punjab respondent No. 1, by which respondent No. 3 (Dara Ram) has been allowed to purchase the land belonging to the Gram Panchayat.
(2.) Respondent No. 3 filed a petition under Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961, for declaration of his ownership/title qua the land in dispute. His said petition was dismissed by the Collector, Panchayats Land, Jalandhar and Amritsar, vide order dated 28.04.2003 (Annexure P-5). In appeal, although he was not declared to be the owner, but the Commissioner, vide order dated 22.07.2004 (Annexure P- 8) permitted him to purchase the suit land at the market value, that is @ Rs.10,000/-(Rupees Ten Thousand only) per marla.
(3.) Learned counsel for the petitioner states that such a direction for purchase of land cannot be given in view of the judgment passed in Gram Panchayat, Khanpur v. Joint Development Commissioner, IRD, Punjab, 1998 1 RCR(Civ) 289, wherein it has been held that the Assistant Commissioner or any other authority has no jurisdiction to order charging of price of common land from the unauthorized occupants, except that the Panchayat can allow the persons in possession of such land since prior to 1950 and construction has been raised before enforcement of the 1961 Act. It is contended by the learned counsel for the petitioner that the petitioner was in possession of the suit land prior to 1950. Learned counsel for the petitioner also stated that the Gram Panchayat has already taken possession of the suit land as per the report of the Naib Tehsildar, Goraya;