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2023 Supreme(P&H) 356

SURESHWAR THAKUR, KULDEEP TIWARI
Dharam Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. K.S.Dhillon, Advocate, Mr. Vijay Sharma, Advocate, for the Appellant; Mr. Maninder Singh, DAG, Punjab. Mr. Nakul Sharma, Advocate, for the Respondent

JUDGMENT

Sureshwar Thakur, J. (Oral) - The Gram Panchayat Village Jassowal is aggrieved from the order drawn by the Joint Development Commissioner, Special Secretary, Government of Punjab (hereinafter referred to as the Secretary). The said order is enclosed in Annexure P-7. In the impugned order, the Secretary had set aside the order made by the Director concerned, whereby he had cancelled the resolution of 21.05.2011, as passed by the Gram Panchayat Jassowal. The proposal thereins, that the residents of the purportedly unauthorized colony, being permitted to make lawful user of a passage or a path, to enable them to access their homesteads, despite, the said path being constructed on a gair mumkin pond or gair mumkin toba, but became rejected. The Collector had obviously concluded, that the said Gair Mumkin pond or Gair mumkin Toba, cannot permissibly be used for any other purpose, than the afore permissible user thereof, and or, the disputed lands, cannot be lawfully converted to any other user. Moreover, the Director concerned, had also concluded, that in case the resolution is approved, thereupon, the interdiction cast, against conversion of a gair mumkin pond to some other use

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