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SURESHWAR THAKUR, KULDEEP TIWARI
Raj Kumar @ Raj Singh – Appellant
Versus
Director Rural Development and Panchayats Department, Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
Gram Panchayat of village Khayala, Block Narot Jaimal Singh, Tehsil and District Pathankot through its Sarpanch, instituted a petition cast under Section 7 of the Punjab Common Village Lands (Regulation) Act, 1961 (for short 'the Act of 1961). In the petition (supra), it was averred that the respondent therein, who is the petitioner before this Court, had made an encroachment, upon rafai-am rasta or gair mumkin rasta, which exists on khasra No. 134 (to the extent of two marlas). Through a decision made on the said petition, on 1.9.2009, the learned Collector concerned, ordered for eviction of the respondents, from the said rafai-am rasta or gair mumkin rasta, which but was meant for the common user of the entire village proprietary body concerned, and, was not meant for any raising of any constructions thereons, at the instance of the respondents. The respondent became aggrieved from the said order of eviction, and, hence appealed there against before the learned Appellate Court concerned. The learned Appellate Court concerned, through a decision made on 29.12.2010, upon Appeal No. 258 of 2009, after affirming the verdict, as became drawn earlie
The court ruled that an eviction petition under the Punjab Village Common Lands Act must be converted into a title suit for valid jurisdiction, invalidating subsequent orders if not.
Failure to challenge and produce evidence against a demarcation report can result in upholding eviction orders.
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
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