IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Ravinder Singh & Ors. – Petitioners
Versus
State of Punjab & Ors. – Respondents
CWP NO. 13917 of 2023
Decided On : 18-07-2023
| Table of Content |
|---|
| 1. challenge to eviction orders and jurisdiction. (Para 1) |
| 2. claims of unauthorized occupation and appeal process. (Para 2 , 3) |
| 3. improper dismissal of separate appeals without individual consideration. (Para 4 , 5) |
| 4. remand for separate consideration and decision within six months. (Para 6) |
| 5. conclusion of the case and disposition of pending applications. (Para 7) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
The instant petition has been filed seeking quashing of order dated 7.3.2018 (Annexure P-5) vide which the Collector, Jalandhar, in a petition filed under Sections 3 , 4 and 5 of the PUNJAB PUBLIC PREMISES ACT , 1965 (hereinafter referred to as 'the Act of 1965') and Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act of 1961') thus declaring the petitioners as unauthorized occupants, upon, the petition land(s) which is described in the revenue record as Mushtarka Malkan land. Moreover, the order dated 27.6.2023 (Annexure P-12), as, passed by the statutory appellate authority (respondent No.2) vide which 13 different appeals were decided by a common order, thus is also asked to be quashed and set aside.
2. Respondents No. 5 to 23 filed cases bearing Nos. PUN / JDC / EVP-001195 / 2018, PUN / JDC / EVP-001178/2018, PUN / JDC / EVP- 001192/2018, PUN / JDC / EVP-001197 / 2018, PUN / JDC / EVP-001180 / 2018, PUN / JDC / EVP-001163 / 2018, PUN / JDC / EVP-001167 / 2018, PUN / JDC / EVP-001194 / 2018, PUN / JDC / EVP-001193 / 2018, PUN / JDC / EVP-001169 / 2018, PUN / JDC / EVP-001172 / 2018, PUN / JDC / EVP-001198 /2018, PUN / JDC / EVP-001176 / 2018, in the Court of Collector, Jalandhar for eviction of the petitioners from the petition land (s) claiming that they are unauthorized occupants, and, thus illegally possess the suit land(s) which rather belongs to the Gram Panchayat concerned. The respondents challenged the application for eviction and raised the issue of maintainability of the application itself. It is further pleaded that the respondents vide different sale-deeds drawn on different dates are bonafide purchaser(s) of the petition land(s) from its real owners. The learned Collector comes to the conclusion that the petitioners are unauthorized occupants upon the petition land(s) thus vide order dated 7.3.2018 they were directed for eviction and the petition land(s) were declared to vest in the Gram Panchayat concerned, and thereby they were declared to be meant to be under the management and control of the Gram Panchayat concerned.
3. However, all the aggrieved from the said common order, as made by the learned Collector concerned, on the petition cast under Sections 3 , 4 and 5 of the Act of 1965 and Section 7 of the Act of 1961 (supra), preferred separate statutory appeals, before the Competent Appellate Authority. The learned Appellate Authority through drawing Annexure P-12, made a decision, only upon appeal No. PUN/JDC/EVPP/2018/001195, as became instituted before it, by one Ravinder Singh. On the above appeal, an order of dismissal was made on 27.6.2023.
4. Though there is a complete discussion by the learned Appellate Authority, in respect of appeal No.PUN/JDC/EVPP/2018/001195. However, the learned Appellate Authority without referring to the facts of each of the separate appeals, and, also without referring to the evidence(s) qua each of the separate appeals, but made decisions on all statutory appeals thus merely made on the basis of the discussions, as, made in respect of appeal No.PUN/JDC/EVPP/2018/001195, as became instituted before it, by one Ravinder Singh, thereby concluded that the other appeals also which became separately instituted before it, and which became assigned separate appeal numbers, and, as arose from common decision (Annexure P-5), as made by the learned Collector concerned, are also purportedly governed by the facts and evidence, as, adduced in respect of appeal No.PUN/JDC/EVPP/2018/001195. Resultantly all the appeals were also dismis
The court affirmed the binding nature of eviction orders under the Punjab Village Common Lands Act, rejecting jurisdictional challenges based on the Haryana Public Premises Act.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
The central legal point established in the judgment is the requirement to follow the procedure of framing issues and providing an opportunity for evidence submission in accordance with the law.
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