Proper demarcation is essential to establish authenticity and correctness of possession.

KULDEEP TIWARI, J.

1. The petitioner has invoked the superintendence jurisdiction of this Court envisaged under Articles 226/227 of the Constitution of India, seeking quashing of orders dated 12.4.2021, (Annexure P/4), 23.12.2021 (Annexure P/5) and 1.2.2022 (Annexure P/6) passed by the Assistant Collector Ist Grade, Tosham at Siwani, District Bhiwani, the Collector, Bhiwani and the Commissioner, Rohtak Division, Rohtak, respectively, whereby, he was found to be in illegal possession of Khasra No. 269 (0-16), which is a gair mumkin gali in Khewat No. 124, Khatoni No. 174. The petitioner has challenged the above made concurrent eviction orders on the premise that the demarcation, on the basis of which, he has been held to be in illegal possession of gair mumkin gali, is defective as the author of the demarcation report has never stepped into the witness box for thereby giving the petitioner a chance, to cross-examine him, thus, to establish the illegality, if any, in the demarcation report.

FACTUAL MATRIX

2. The Gram Panchayat, respondent no. 4, has filed an application dated 5.6.2018 under Section 7(1)(2) of the Punjab Common Lands (Regulation) Act, 1961 (hereinafter to be referred as “the Act of 1961”) for removal of unauthorized construction upon its land which is recorded in the revenue record as gair mumkin gali. The learned Assistant Collector Ist Grade while relying upon the demarcation report dated 9.3.2018, ordered for removing the illegal encroachment of 64.55 sq. yards over Khasra No. 269. Thus, being aggrieved from the above eviction order, the petitioner made a successful challenge to the eviction order before the Collector concerned. The learned appellate authority accepted the appeal and remanded the case but after setting aside the order dated 28.8.2018 with a direction to decide the lis afresh after hearing all the concerned parties and after carrying out the spot inspection. During the pendency of the matter before the Assistant Collector Ist Grade, another demarcation was carried out on 8.4.2021 and this time, the petitioner was found to be in unauthorized possession of 38 sq. yds. over Khasra No. 269. Upon relying the above demarcation report dated 8.4.2021, the Assistant Collector Ist Grade vide order dated 12.4.2021, again ordered for removal of unauthorized possession. The petitioner, this time made an unsuccessful challenge to the above orders of eviction passed by the Assistant Collateral Ist Grade. The learned Collector while observing that as per the jamabandi for the years 1916-17, khasra no. 269 is recorded as gair mumkin rasta and the petitioner was found to have encroached upon the gali by the Assistant Collector Ist Grade, therefore, he maintained the order of eviction passed by the Assistant Collector Ist Grade concerned. The petitioner challenged the above two concurrent orders of eviction by filing revision under Section 13AA (1) of the Act of 1961. However, the same was also dismissed and the concurrent orders of eviction made by the authorities below were held to be legal, thus, were maintained. Feeling aggrieved with all the three orders, the petitioner has filed the present writ petition.

SUBMISSIONS OF THE COUNSEL FOR THE PARTIES

3. Learned counsel for the petitioner has made specific submission that the petitioner is owner of khasra no. 270 which is adjacent to khasra no. 269 and he has not encroached upon any portion of khasra no. 269. Rather due to the defective demarcation conducted by the authorities below, rather construction of the petitioner was shown on khasra no. 269, whereas, he has constructed his house only on his own land which is comprised in khasra no. 270. On his averment, this Court vide order dated 25.5.2022, ordered for demarcation through the Global Differential Positioning System machine. The relevant extract of the order is read as under:-

“xxx xxx xxx xxx

In the light of the above, a direction is issued to the Tehsildar, Siwani, District Bhiwani to carry out the demarcati