The main legal point established in the judgment is the interpretation of land definitions and ownership rights under the relevant Acts, and their application to the maintainability of the eviction petition.

KULDEEP TIWARI, J.

FACTUAL BACKGROUND

1. Through a petition instituted before the ld. Collector concerned, under Sections 4 and 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, (hereinafter referred to as the ‘Act of 1973’), the respondent No.2- Gram Panchayat, sought eviction of the petitioners from the petition land(s). The petition (supra) was accepted by the ld. Collector concerned, vide its order dated 05.09.2019, thereby ordering for the eviction of the petitioners from the petition land(s).

2. Feeling aggrieved by the eviction order (supra), the petitioners threw a challenge thereto, by filing a statutory appeal before the learned statutory authority, i.e. respondent No.1. However, the appeal so preferred by the petitioners was also dismissed vide order dated 16.12.2020.

3. Consequently, the petitioners, through the instant writ petition, challenge the concurrently made orders against them by the statutory authorities below.

SUBMISSIONS BY COUNSELS FOR THE PARTIES

4. The learned counsel appearing for the petitioners has submitted that the petition land(s) has been recorded as “Gair Mumkin Abadi” in the revenue record, thus the petition land(s) is excluded from the definition of “Shamlat Deh”, as defined in Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the ‘Act of 1961’). Therefore, he argues against the maintainability of petition (supra), whereon, the impugned order(s) was passed. Rather, he argues that a lawful eviction petition was to be filed by invoking the provisions of Section 7 of the Act of 1961, instead of a petition being instituted under Sections 4 and 5 of the Act of 1973. Apparently, in the ownership column of the Jamabandi drawn in respect of the petition land(s), for the years 2012-2013, the petition land(s) is entered therein as “Jumla Mushtarka Malkan va Digar Haqdaran Arazi Deh Hasab Rasad Raqba Khewatdar”, in the column of possession, the petition land(s) is described as “Maqbuja Malkan”, besides, is recorded as “Gair Mumkin Abadi” in the column of nature of land thereof.

5. On the basis of the above entry occurring in the column of ownership, in the Jamabandis relating to the petition land(s), the learned counsel for the petitioners further argues that in terms of Rule 16(ii) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949 (hereinafter referred to as the ‘Rules of 1949’), the said assigned revenue term to the petition land(s), in the column of ownership makes the Gram Panchayat concerned to become vested with rights of management and control only, however, the ownership in respect of the above designated land(s), does not vest in the Gram Panchayat concerned, rather it continues to vest in the village proprietary body concerned. Therefore an argument is posed before this Court, by the learned counsel for the petitioners, that since the Gram Panchayat is not the owner of the petition land(s), therefore it was incapacitated to institute a petition even by invoking the provisions of Section 7 of the Act of 1961. The provisions of Rule 16(ii) of the Rules of 1949 stand extracted hereinafter:-

[Rule 16(ii)-- In an estate or estates where during Consolidation proceedings there is no Shamlat Deh land or such land is considered inadequate, land shall be reserved for the village Panchayat and for other common purposes, under section 18(c) of the Act, out of the common pool of the village [at the scale given in the schedule to these rules]. Proprietary rights in respect of land so reserved (except the area reserved for the extension of abadi of the proprietors and non-proprietors) shall vest in the proprietary body of estate or estates concerned and it shall be entered in the column of ownership of records rights as (Jumla Malkan wa Digar Haqdarana Arzi Hasab Rasad Raqba). The management of such land shall be done by the Panchayat of the estate or estates concerned on behalf of the village prop