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SURESHWAR THAKUR, KULDEEP TIWARI
Arjan Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petition filed regarding construction on community land. (Para 1 , 2 , 4) |
| 2. critique on reliance of the spot inspection report. (Para 3 , 5 , 6 , 7) |
| 3. definition of 'shamilat deh' under the act. (Para 8 , 9) |
| 4. ruling on construction invalidity on gair mumkin pond. (Para 10 , 11 , 12) |
| 5. lis remanded for further proceedings. (Para 13 , 14) |
JUDGMENT
Sureshwar Thakur, J.
Certain private individuals instituted File No.DDDP (II) Ganaur Patiala-7 on 08.03.2010 before the Collector concerned. The said case was instituted under the provisions of Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as "the Act"). In the said title suit, the petitioners claimed that the respondents had raised construction upon a gair mumkin pond, which was as such reserved for the benefit of the entire village proprietary body rather in the consolidation scheme, as became prepared by the Consolidation Officer concerned.
2. Learned Collector-Divisional Deputy Director, Rural Development & Panchayat, Patiala vide its order dated 31.05.2011 (Annexure P.15) proceeded to allow the petition filed by the private respondents herein, whereby the Gram Pancha
Jurisdiction to decide the validity of revenue entries vests in the civil court.
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