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2019 Supreme(P&H) 900
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAKESH KUMAR JAIN, ARUN KUMAR TYAGI, JJ.
Gurdeep Singh and Another - Appellant
Versus
State of Punjab and Others - Respondent
Civil Writ Petition No. 15909 of 2017
Decided On : 09-08-2019
Advocate Appeared:
Satpreet Kaur, Adv., Amit Mehta, Adv., R.S. Manhas, Adv., S.S. Hira, Adv.
The main legal point established is that the Gram Panchayat cannot allot land without prior approval of the Government, and unauthorized possession does not confer legal rights.
Headnote:
Land Dispute - Punjab Village Common Lands (Regulation) Act, 1961 - Section 5, Rule 5, Rule 13-A
Fact of the Case:
The petitioners sought to quash an order for their eviction from land allotted by the Gram Panchayat, claiming entitlement under the Punjab Government letter and the 1964 Rules.
Finding of the Court:
The court found that the petitioners failed to prove their entitlement to the land and were in unauthorized possession. The impugned orders were upheld as legal and not liable to be set aside.
Issues: The key issue was whether the petitioners had a legal right to the disputed land and whether the impugned orders were illegal.
Ratio Decidendi: The court held that the Gram Panchayat could not allot land without prior approval of the Government, and the petitioners failed to establish their right to the land. The court also emphasized that the Gram Panchayat was not obligated to allot land to the petitioners.
Final Decision: The writ petition was dismissed as devoid of merit.
JUDGMENT :
ARUN KUMAR TYAGI, J.
1. The petitioners are seeking issuance of a writ in the nature of certiorari for quashing the order dated 04.09.2014 (Annexure P-4) passed by respondent No.3-Collector-cum-District Development and Panchayat Officer, Hoshiarpur whereby the petitioners were ordered to be ejected from land comprised in khewat No.24 khatauni No.37 khasra No.36(2-0) situated within the revenue estate of village Sada Araian, Tehsil and District Hoshiarpur and order dated 22.07.2016 (Annexure P-5) passed by respondent No.2-Director, Rural Development and Panchayat, Punjab whereby appeal filed by the petitioners against order dated 04.09.2014 (Annexure P-4) was dismissed.
2. The petitioners have averred in the petition that in the year 1972 petitioners No.1 and 2 were allotted plots measuring 5 marlas each in khasra No.24 by respondent No.5-Gram Panchayat, Sada Araian due to being homeless persons. Thereafter, on 21.06.1983 Gram Panchayat, Dhugga passed resolution for exchange of khasra No.24, which belonged to petitioners No.1 and 2 and possession of which was with petitioners No.1 and 2 as they had their residential houses on the same, with khasra No.36. Petitioners No.1 and 2 constructed pucca houses in khasra No.36 where they also installed handpump and fodder cutting machine with engine whereas Gram Panchayat constructed a school in khasra No.24. Respondent No.5- Gram Panchayat, Sada Araian filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short "the Act") before respondent No.3-Collector-cum-District Development and Panchayat Officer, Hoshiarpur for evicting petitioners No.1 and 2 from khasra No.36. Petitioners No.1 and 2 contested the petition and narrated the facts regarding passing of resolution by Gram Panchayat, Dhugga regarding exchange of khasra No.24 with khasra No.36 and subsequent tearing of the said resolution by the Members of Gram Panchayat in connivance with each other. Respondent No.4-Block Development and Panchayat Officer, Hoshiarpur reported vide his letter dated 26.10.2008 that there was no record of any proceeding from 10.06.1983 to 24.08.1983 and there was no resolution dated 21.06.1983 in the record. Respondent No.3-Collector-cum-District, Development and Panchayat Officer, Hoshiarpur, vide order dated 04.09.2014, ordered ejectment of the petitioners from Khasra No.36 without considering these facts. Appeal filed by the petitioners against the aforesaid order was dismissed by respondent No.2-Director, Rural Development and Panchayat, Punjab vide order dated 22.07.2016. The petitioners are poor landless labourers who were given the land in dispute and even if the resolution is ignored even then the petitioners are entitled for allotment thereof in view of the Punjab Government letter dated 14.08.2008 and Rule 13-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (for short 'the 1964 Rules'). While pleading that the impugned orders are illegal being against law and facts on record, the petitioners have prayed that the same may be quashed.
3. On notice, respondents No.1 to 4 have filed reply by way of affidavit of Devinder Singh, Block Development and Panchayat Officer, Hoshiarpur-1 pleading that the averments as to allotment of plots measuring 5 marlas each by respondent No.5-Gram Panchayat, Sada Araian to petitioners No.1 and 2 from khasra No.24 in the year 1972 are factually incorrect. Respondent No.5-Gram Panchayat, Sada Araian had no authority to allot any Gram Panchayat land to the petitioners without prior permission of the Director, Rural Development and Panchayat Department, Punjab Chandigarh. Resolution passed by Gram Panchayat, Dhugga in the year 1983 was not valid. The petitioners filed civil suit for permanent injunction against respondent No.4-Block Development and Panchayat Officer, Hoshiarpur and respondent No.5-Gram Panchayat, Sada Araian, which was dismissed by the Additional Civil Judge (Sr.Divn.), Hoshiarpur vide judgm
