P.S.PATWALIA, J. - (1.) The present writ petition has been filed challenging the orders passed by the Collector, Jalandhar on an application filed by the Gram Panchayat under Section 7 of the Punjab Village Commons Lands Act, 1961 (hereinafter to be referred as `the Act') seeking the vacation of un-authorised possession of the petitioner from a Panchayat Gali and the orders passed by the Commissioner dismissing the appeal as also an application filed for reviewing the order rejecting the appeal in the absence of the counsel for the applicant.
(2.) The Gram Panchayat of Village Damounda, Tehsil and District Jalandhar filed an application under Section 7 of the Act pointing out that the petitioner had encroached upon a village road (Gali) by constructing a wall thereon. The result was that people were facing great difficulty in going up and down on this account. Moreover, a drain built by the Panchayat in the year 1991 in this area was also blocked and the flow of dirty water in the village had stopped, as a result of which the same had accumulated at the site causing great hardship to the villagers. It was also pointed out that an electric pole had also been put at the site which was encroached upon.
(3.) When the application came up before the Collector, it was decided with the following order:- "On 8.11.01 arguments of both the ld. Counsel for the parties was heard. Both the parties expressed their consent that decision be made after inspecting the spot in the village and the same will be acceptable to them. With the consent of both the parties the spot was seen in the presence of both the parties on 19.11.01. On the spot second party has made constructed by illegally occupying the Gali of the Panchayat and path has been closed which is causing great difficulty to the people of the village in coming and going and dirty water of the whole village is running in the streets. Therefore, after hearing the arguments of ld. Counsel for the parties, after examining the record and inspecting/seeing the spot I, Desh Raj Bhagat District Development & Panchayat Officer-cum- Collector have reached the conclusion that 2nd party has made illegal possession on Panchayat street. I order ejectment of 2nd party from this street and accept the application of the first party." A perusal of the order would show that before the Collector both the parties consented that the Collector should decide the matter after inspecting the spot at the village and decision of the Collector would be acceptable to them. The Collector therefore visited the spot and found that as a matter of fact the petitioner had illegally occupied a path of the village (Gali) which had therefore been closed causing great difficulty to the people of the village and as a result of that the dirty water of the village was over flowing in other streets. It was therefore that the ejectment of the petitioner was ordered from the street.;