The main legal point established in the judgment is the requirement for the Appellate Authority to consider all relevant documents and arguments before making a decision.

JUDGMENT

Lisa Gill, J. - All the abovesaid writ petitions are being taken up together for hearing and decision at request and with consent of learned counsel for the parties as all the petitions arise out of common order dated 22.02.2017/15.03.2017, Annexure P-3, passed by the Joint Development Commissioner (I.R.D), Vikas Bhawan, Sector 62, SAS Nagar, (Exercising the Power of Commissioner).

2. Brief facts necessary for adjudication of the matter are that the petitioner-Gram Panchayat Bagge Ke Uttar, Tehsil Jalalabad, District Fazilka, in all the cases filed petitions under Sections 4, 5 and 7 of the Punjab Public Premises and (Land Eviction & Rent Recovery) Act, 1973 (for short 1973 Act') seeking ejectment of the private respondents. All the petitioners were contested by the private respondents. The District Development and Panchayat Officer (Exercising the powers of Collector), Fazilka, vide order/s dated 04.09.2015 (attached as Annexure P-1 in all the writ petitions), dismissed the petitions seeking ejectment on the ground that land in question is owned by the private respondents and Gram Panchayat has no right over the same with a specific observation that no evidence whatsoever had been led by the Gram Panchayat to prove its rights over the land neither any document evidencing that the land had been leased out by the Gram Panchayat as claimed was placed on record.

3. Appeals against the said order filed by the petitioner-Gram Panchayat were dismissed by the Joint Development Commissioner, Punjab (Exercising Powers of Commissioner) at Vikas Bhawan, Sector 62, Mohali, Commissioner, Mohali, vide common order dated 22.02.2017, Annexure P3. Joint Development Commissioner, while upholding order dated 04.09.2015, Annexure P-1, concluded that according to the plea raised by the Gram Panchayat, land in dispute is Jumla Mushtarka Malkan (belonging to joint owners) and that if any person, raises any objection or dispute regarding ownership of Jumla Mushtarka Malkan, the Civil Court in that event has got the right to decide the matter. Thus, the parties it was directed were at liberty to avail the remedy available to them in accordance with law in this regard.

4. Aggrieved therefrom, petitioner-Gram Panchayat has filed the abvoesaid six writ petitions challenging impugned orders dated 04.09.2015, (Annexure P-1 in all writ petitions) and 22.02.2017/15.03.2017, Annexure P-3 (in all writ petitions), dismissing its petitions and appeals, respectively. As facts and pleadings are similar in all the writ petitions, reference is being to the facts in CWP No. 15788 of 2017 for the sake of convenience and brevity.

5. Learned counsel for the petitioner(s) argued that the land in question is admittedly reflected as Jumla Mushtarka land and relevant record along with jamabandies since 1960-61 were produced before the Appellate Court and that the land in dispute was being leased out by the Gram Panchayat to various cultivators including the private respondents. Reference is made to Resolutions dated 03.07.2008, 30.06.2009, which would reflect giving out of land on lease to various persons including private respondents. Learned counsel for the petitioner(s) submitted that the relevant entries in the Wazib Ul Arz, were duly presented before the authorities, but the same has not been considered. It is submitted that as per the Wazib Ul Arz, 20 acres of land was reserved during consolidation for income of the Gram Panchayat and land mentioned in Jamabandi for the year 1960-61 reflect possession of the Gram Panchayat on the land measuring 348 Kanal out of which 183 kanal 4 marlas is mentioned to be Gair Mumkin. 29 Kanal 4 Marlas is reflected as Gair Mumkin reserved for Panchayat Ghar, Hospital, Shamshanghat, School ground, Hadda Rori and Gram Panchayat latrines and 29 part from Khasra nos. 75 to 136 land measuring 79 Kanals 4 Marlas was reserved for Ghada Khad. 9 Parts of land measuring 47 Kanals 11 Marlas was under Abadi and after deducting the Gair Mumkin