The court upheld eviction orders under the Punjab Village Common Lands Act, affirming sufficient opportunity was given to the petitioner and clarifying the applicability of the Act's provisions.

Judgment

Mrs. Sudeepti Sharma, J.

The instant writ petition is directed against the concurrently made verdicts of eviction, respectively rendered by the Collector concerned dated 13.6.2022 (Annexure P-1), and, by the Commissioner concerned dated 5.9.2023 (Annexure P-7).

2. The dispute in the present case is regarding the land measuring 01 kanal and 12 marla. In respect of the same, Gram Panchayat, Ghall Kalan, Block Moga – 2, Tehsil and District Moga, moved an application for eviction of the petitioner and others before the District Development and Panchayat Officer-cum-Collector (Panchayat Lands), Moga, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as ‘the Act’) through Simranjit Singh, Sarpanch. The said eviction application was allowed vide order dated 13.06.2022 after passing a detailed speaking order and taking into consideration the evidence/witnesses produced by both the parties. Further, eviction of the present petitioner and others from plot of 32 marla common land in the occurrence of the village Ghall Kalan Pati Mehar under Abadi Deh having Khewat No.1073/1021, Khatauni No.1381, Khasra no.283 (593 Kanal), having paved brick road in East (Surak), road in West (Rab), the paved brick road in South was ordered. Further ordered that the plot of Nirmal Singh son of Dalip Singh in North be immediately vacated.

3. The present petitioner went in appeal against order dated 13.06.2022 under Section 7(2) of the Act before the Joint Development Commissioner (IRD) (Exercising the Power of the Commissioner) Rural Development and Panchayats Department, Vikas Bhavan, Sector 62, SAS Nagar (Mohali)-respondent No.2 herein. The same was dismissed vide order dated 05.09.2023 by passing a detailed speaking order. Aggrieved by the same, the petitioner has filed the present writ petition impugning the order dated 13.06.2022 (Annexure P-1) passed by respondent No.3 and order dated 05.09.2023 (Annexure P-7) passed by respondent No. 2.

4. The learned counsel for the petitioner, has vehemently argued before this Court that Collector’s Court while deciding the case did not take into consideration Section 7 of the Act. He further contends that the opportunity of being heard was never given to the petitioner and impugned order is silent about cross-examination of any witnesses.

5. So far as contention of the petitioner regarding giving an opportunity of being heard and cross-examination of witnesses is concerned, the decision dated 13.06.2022 (Annexure P-1) has been perused and it is observed that the petitioner has been given sufficient opportunity to prove his case. Relevant portions of order dated 13.06.2022 (Annexure P-1) showing that the petitioner in the present writ petition was given full opportunity of being heard are reproduced as under :-

“After this, petitioner/applicant Simranjit Singh Sarpanch, Gram Panchayat Ghall Kalan regarding the disputed land on his behalf in favour of himself was produced the witnesses, Mr. Sukhjinder Singh, son of Mr. Tara Singh, Mr. Manpreet Singh, son of Mr. Nachhatar Singh, Mr. Baldev Singh, son of Mr. Kartar Singh, Mr. Gurdit Singh, son of Mr. joginder Singh, Mr. Tejinderpal Singh Gill son of Mr. Sukhpal Singh, Mr. Tarsem Singh son of Mr. Gurdev Singh, Mr. Gurdeep Singh son of Mr. Sohan Singh, Mr. Navtej Singh son of Mr. Swaran Singh, Mr. Dasmail Singh son of Mr. Major Singh, Mr. Baljinder Singh son of Mr. Pritam Singh, Mr. Sukhpreet Singh son of Mr. Balwant Singh, Mr. Kulmeet Singh son of Mr. Charan Singh, Mr. Mukhtiar Singh son of Mr. Karan Singh, Mr. Jaswant Singh son of Mr. Niranjan Singh, Mr. Balwinder Singh son of Mr. Karnail Singh, Mr. Gurnam Singh son of Mr. Bhajan Singh, Written testimonies of Mr. Sukhmandar Singh son of Mr. Harbans Singh, Mr. Sukhjit Singh son of Mr. Gurdev Singh, Mr. Harbans Singh son of Mr. Milikha Singh, Mr. Hardeep Singh son of Mr. Joginder Singh, Mr. Varinder Kumar Sharman son of Mr. Jai Krishna Sharman, resident of Village Ghal