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2023 Supreme(P&H) 979
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Kuldeep Tiwari, JJ.
Balbir Singh - Petitioner - Appellant
Versus
State of Punjab and Ors - Respondents - Respondent
CWP-29416 of 2022
Decided On : 21-03-2023
Important Points
Subject
Property Law - Land Encroachment
Act Referred
Headnote
Encroachment - Gair Mumkin Rasta - The court directed the Competent Authority to ensure a valid demarcation of the site concerned and to take necessary action if encroachments are found on the recorded Gair Mumkin Rasta.
Fact of the Case:
The petitioner alleged encroachment on a recorded Gair Mumkin Rasta by certain individuals. An enquiry was conducted, but the decision taken by the Competent Authority was found to be flawed.
Finding of the Court:
The court directed the Competent Authority to ensure a valid demarcation of the site concerned and to take necessary action if encroachments are found on the recorded Gair Mumkin Rasta.
Issues: Alleged encroachment on Gair Mumkin Rasta, flawed decision by Competent Authority
Ratio Decidendi: The decision taken on the complaint by the Competent Authority was found to be completely flawed and liable to be rejected. The court directed the Competent Authority to ensure a valid demarcation of the site concerned and to take necessary action if encroachments are found on the recorded Gair Mumkin Rasta.
Final Decision: The BDPO concerned was directed to ensure a valid demarcation is made of the site concerned, and if encroachments are noticed, to institute a petition before the learned Collector concerned.
Mr. C.S. Singhal, Advocate for the petitioner.
Ms. Monika Jalota, Sr. DAG, Punjab
SURESHWAR THAKUR, J.
1. Status report on affidavit has been filed on behalf of respondents No.1 to 4 by the learned State counsel, and, the same is taken on record.
2. The petitioner has alleged in the petition, that an encroachment, upon, a recorded Gair Mumkin Rasta has been made by one Amolakh Singh, and, by one Jaspal Singh. Even a complaint in the above regard was made to the Competent Authority, whereafter as revealed in paragraph 6 of the reply, on affidavit, furnished to the instant petition, by the respondent-State, an enquiry was conducted by the BDPO Phillaur, for determining the factum of encroachment, if any, as made on the Gair Mumkin Rasta. However, if the enquiry report became founded upon a valid demarcation becoming conducted of the relevant site by the Competent Revenue Officer, thereupon alone it may have some validity.
3. In that regard it it is not clear from a reading of the reply, on affidavit, that in the BDPO Phillaur making a report about the alleged fact, he had depended, upon, a valid demarcation made of the relevant site, rather by the empowered Revenue Officer concerned.
4. In consequence, the decision taken on the complaint by the Competent Authority, is completely flawed, and, is liable to be rejected.
5. In consequence, the BDPO concerned, is directed to ensure, that after a valid demarcation is made of the site concerned, and, if in the said demarcation, some encroachments are noticed to be made, on the recorded Gair Mumkin Rasta, by the encroachers concerned, thereupon, he shall forthwith institute a petition 7 of The Punjab Village Common Lands (Regulation) Act, 1961, before the learned Collector concerned. Upon receiving such a petition, the learned Collector concerned, shall pass a speaking decision thereons, but after hearing all affected persons, but assuredly within a period of 4 months of its preferment before him.
6. Disposed of.
Order accordingly.
