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2023 Supreme(P&H) 517

LISA GILL, RITU TAGORE
Gram Panchayat Bagge Ke Uttar – Appellant
Versus
Joint Development Commissioner (ird) – Respondent


Advocates appeared:
Mr. Nakul Sharma, Advocate, for the Appellant; Mr. Sandeep Jain, Addl.Ag., Punjab. Mr. S.K.Aneja, Advocate, for the Respondent.

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 h

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