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2009 Supreme(P&H) 33

RANJIT SINGH
Bachan Singh – Appellant
Versus
District Development and Panchayat Officer-cum-Collector – Respondent


Advocates:
For the Petitioners:Mr. S. K. Mahajan, Advocate,
For the Respondent Nos.1 and 2: Mr. P. C. Goyal, Addl.A.G., Punjab,
For the Respondent No.3:Mr. T. P. Singh, Advocate,

JUDGMENT

Ranjit Singh, J. Bachan Singh and others, petitioners, have filed this petition to challenge the orders dated 26.10.2006 (Annexure P-3) and dated 28.12.2007 (Annexure P-1) whereby the application filed by the Gram Panchayat under Rule 20-A of Punjab Village Common Land Regulation Rules, 1964, (for short, “the Rules), imposing the damage of Rs.7,20,000/- are challenged.

2. Gram Panchayat, respondent, filed an application under Section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1975 for eviction of Nand Singh, father of the petitioners. The District Development and Panchayat Officer, Amritsar, ordered the ejectment of father of the petitioners on 25.3.1983. The appeal filed against the said order was dismissed by the Joint Development Commissioner on 28.2.1985. While dismissing the appeal, liberty was granted to the Panchayat to claim damages for unautorised occupation by the father of the petitioners.

3. Grievance of the petitioners is that Panchayat kept silent for over 20 years and did not execute the order during the life time of Nand Singh, father of the petitioners, and ultimately have dispossessed the petitioners on 17.7.2005. Having don








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