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2013 Supreme(P&H) 1436

JASBIR SINGH, G.S.SANDHAWALIA
Iqbal Singh through his L. Rs. – Appellant
Versus
Joint Development Commissioner (I. R. D. ) – Respondent


Advocates:
For the petitioner in Civil Writ Petitions No.5407 Mr. M.L.Sarin, Senior Advocate with
and 7233 of 1998 and for respondent no.2 in CWPMr. Nitin Sarin, Advocate.
No.10660 of 1998.
For the petitioner in Civil Writ Petition No.10660 Mr. G.S.Nagra and Mr. Viney Saini, Advocate.
of 1998 and for respondent No.3 in CWPs No.5407
and 7233 of 1998.

JUDGMENT

Mr. G.S. Sandhawalia, J.: - This order shall dispose of Civil Writ Petitions No.5407, 7233 and 10660 of 1998 as common questions of facts and law are involved in these petitions. However, for the sake of convenience, reference is being made to the pleadings in Civil Writ Petition No.7233 of 1998-Iqbal Singh Vs. The Joint Development Commissioner (I.R.D.) and others.

2. The petitioner-Iqbal Singh now represented through his legal representatives are aggrieved against order dated 12.8.1997 (Annexure P-6) wherein his petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act”) for declaration as owner of the land measuring 42 Kanals 13 Marlas detail of which was mentioned in the heading of the petition was dismissed by the Collector, Kapurthala. The said order was upheld in appeal on 16.4.1998 (Annexure P-8) by the Appellate Authority.

3. In the connected writ petition No.5407 of 1998 filed by Iqbal Singh, challenge is to the ejectment application allowed under Section 7 of the 1961 Act on 1.9.1997(Annexure P-4) on the ground of being unauthorised occupant and assessment of Rs. 1,21,000/- being 20 times of the l














































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