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SURESHWAR THAKUR, KULDEEP TIWARI
Baldev Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Factual Background.
Gram Panchayat Hedo Bet instituted File No. 25/Collector, on 09.11.2005, before the Collector concerned. The said case was instituted against the respondents therein, petitioners herein. Moreover, the said case was instituted under the provisions of Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, hereinafter for short called 'the PVCL Act'. Therein a claim was raised that the respondents in the said petition are in illegal and unauthorized possession of the petition lands comprised in Khewat No. 75, Khatuni No. 85, 107, 98, 132, 91, 144, 113, 136, Khasra Nos. 13/15 (7-16), 16(5-5), 17(8-0), 18(8-0), 24 (7-14), 14/10(8-0), 20(8-0), 21(8-0), 15/6(7-8), 14(8-0), 15(7-8), 17(8-0), situated at village Hedobet, Had Bast No. 448, Tehsil Balachaur, District SBS Nagar.
2. The learned Collector concerned, through an order made thereons on 22.03.2012, (Annexure P-7), after assigning credence to a demarcation report drawn on 28.10.2005, concluded that the respondents in case (supra), had made encroachments upon the land owned and possessed by the Gram Panchayat concerned. Thus, ordered for the eviction of the respondents fr
Non-compliance with certain instructions regarding demarcation of boundaries, such as recording statements of parties or fixing three Pucca points, will not vitiate the demarcation as a whole.
Inapt reliance on a demarcation report due to procedural irregularities and lack of adherence to relevant rules and instructions.
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