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2009 Supreme(P&H) 1017

RANJIT SINGH
Dalbir Kaur – Appellant
Versus
Gram Panchayat – Respondent


Judgment

Ranjit Singh, J.

1. The issue raised in the present petition is in regard to the locus of respondent No. 3 to file an application seeking eviction of the petitioner from the land of Gram Panchayat, which was allegedly in an unauthorised possession of the petitioner.

2. On an application filed by respondent No.3, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, "the Act"), notice was issued to the petitioner as well as Gram Panchayat. The petitioner raised a plea that respondent No.3 had no right to file an application under Section 7 of the Act and that he was a co-owner of Khasra No. 922 and 923 where his father had constructed a house. On the request of respondent No.3, a Local Commissioner was appointed, who submitted his report on 8.8.2005. The petitioner filed objections against this report and mainly contended that he had constructed a house for the last 60 years. The Assistant Collector came to the conclusion that the land in dispute was in the ownership of Gram Panchayat and was reserved for gair mumkin chappar. As per the demarcation report, the petitioner had encroached upon the disputed land i.e. 6 marlas by raising constructi







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