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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Lisa Gill, Harsh Bunger, JJ.
Raj Karan – Appellant
Versus
State Of Haryana & Ors. – Respondents
CWP-14691-2022
Decided On : 31-10-2022
Ejectment - Punjab Village Common Lands (Regulation) Act, 1961 - Section 7 - Summary of Acts and Sections: Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 - The judgment discusses the application of Section 7 of the Act, 1961, which empowers the Assistant Collector to eject any person in wrongful or unauthorized possession of land in the shamilat deh of the village. It also refers to Section 2(g) and Rule 19 of the Act, 1961, defining 'shamilat deh' and unauthorized occupation of shamlat deh, respectively.
Fact of the Case:
The petitioner seeks to quash orders for his ejectment from land under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. He claims ownership and continuous cultivation of the land without interference. The respondent Gram Panchayat filed multiple eviction petitions, some of which were dismissed, and the petitioner obtained decrees for permanent injunction against the Gram Panchayat.
Finding of the Court:
The court found the petitioner's claims contradictory and lacking evidence. It held that the land vests with the Gram Panchayat and that the petitioner's unauthorized possession justifies his ejectment. The court also modified the penalty amount imposed on the petitioner.
Issues: Ownership and possession of the land, validity of eviction orders, and imposition of penalty.
Ratio Decidendi: The court found the petitioner's claims contradictory and lacking evidence, upheld the validity of the eviction orders, and modified the penalty amount imposed on the petitioner.
Final Decision: The writ petition challenging the eviction orders was dismissed with a limited modification to the penalty amount imposed on the petitioner.
JUDGMENT
Harsh Bunger, J. - Petitioner herein, inter alia, seeks issuance of a writ in the nature of certiorari for quashing the order dated 20.08.2021 (Annexure P-7) passed by Assistant Collector-cum-District Development and Panchayat Officer, Charkhi Dadri, whereby, he was ordered to be ejected under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (here-in-after referred to as 'the Act, 1961') from land measuring 198 Kanals-2 Marlas, situated within the revenue estate of Village Kaliyana, Charkhi Dadri, Bhiwani. A further prayer has also been made to quash order dated 08.12.2021 (Annexure P-8) passed by Deputy Collector, Charkhi Dadri as well as order dated 30.05.2022 (Annexure P-10) passed by Commissioner, Rohtak Division, Rohtak, whereby, the appeal and revision filed by the petitioner against ejectment order dated 20.08.2021 (Annexure P-7) have been dismissed.
2. Briefly stated, the writ petition has been filed on the averment that the petitioner is owner in possession of land in dispute prior to 1950 and has been continuously cultivating the said land without interference of anyone. It is stated that way back in the year 1980, respondent No.5-Gram Panchayat Kaliyana, had filed an eviction petition under Section 7 of the Act, 1961. However, the same was dismissed vide order dated 28.05.1981 (Annexure P-1) passed by Assistant Collector 1St Grade, Dadri, by holding that the suit land is described as 'Jumla Malkan Wa Digar Haqdaran', accordingly Section 7 of the 1961 Act, is not applicable. It is further stated that since respondent No.5-Gram Panchayat Kaliyana, was harassing the petitioner again and again, hence, he filed a Civil Suit for permanent injunction against the Gram Panchayat, which was decreed vide judgment and decree dated 02.06.1995 (Annexure P-2) and the Gram Panchayat was restrained to interfere in the possession of the petitioner except in due course of law. It is further submitted that in the year 2001, another eviction petition came to be filed by one Dharam Chand resident of Village Kaliyana, which was subsequently withdrawn by him vide order dated 23.10.2003 (Annexure P-3). Thereafter, respondent No.5-Gram Panchayat, Kaliyana, in the year 2012, filed another eviction petition under Section 7 of the Act, 1961. However, the same was dismissed by Assistant Collector Ist Grade, Charkhi Dadri, vide order dated 30.05.2012 (Annexure P-4). In the meantime, the petitioner filed another Civil Suit No.904 of 2011, seeking permanent injunction, which was also decreed vide judgment and decree dated 12.12.2016 (Annexure P-5) passed by Civil Judge (Junior Division), Charkhi Dadri and the respondents therein (including Gram Panchayat, Kaliyana) were restrained from interfering into the peaceful possession of the petitioner (plaintiff therein) or dispossessing him from the suit property without following/adopting due procedure of law.
3. It is submitted that an appeal against said judgment and decree dated 12.12.2016 (Annexure P-5) filed by Gram Panchayat Kaliyana was withdrawn vide order dated 10.12.2019 (Annexure P-6) passed by learned Additional District Judge, Charkhi Dadri.
4. It is stated that order dated 30.05.2012 (Annexure P-4) passed by Assistant Collector Ist Grade, Charkhi Dadri was challenged in appeal by respondent No.5-Gram Panchayat Kaliyana, which was allowed by the learned Collector, Charkhi Dadri, vide its order dated 05.09.2013 by setting aside order dated 30.05.2012 (Annexure P-4) and the matter was remitted to the Assistant Collector to decide the case afresh after affording opportunity to the parties.
5. Upon remand, learned Assistant Collector Ist Grade-cum-District Development and Panchayat Officer, Charkhi Dadri, allowed the eviction petition filed under Section 7 of the Act, 1961 vide order dated 20.08.2021 (Annexure P-7) and ordered ejectment of the petitioner from the suit property and further directed the petitioner to deposit the penalty amount of R
The court clarified the application of Section 7 of the Act, 1961, and emphasized the importance of consistent and substantiated claims in land ownership and possession disputes.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
Under the relevant statute, a revenue authority is not required to stay summary eviction proceedings upon a mere assertion of title. A stay is only mandatory if the claimant provides prima facie docu....
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