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SURESHWAR THAKUR, KULDEEP TIWARI
Joga Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. court allowed eviction orders and assessed damages. (Para 1 , 2) |
| 2. court directed explanation for enforcement delays. (Para 3) |
| 3. collector's delay attributed to predecessors and covid impact. (Para 4 , 5 , 6) |
| 4. warrants of possession must be effectively executed. (Para 7) |
| 5. damages assessment against encroachers must be enforced. (Para 8) |
JUDGMENT
Sureshwar Thakur, J. (Oral)
This Court, on 09.08.2019 had allowed CWP-3457-2017, as became raised before this Court by one Darshan Singh, who became aggrieved by an order of eviction, as became made against him, by the Statutory Authorities below.
2. In addition, to the concurrently made orders of eviction becoming sustained by this Court, this Court had also ordered that in term of Rule 20-A of The Punjab Village Common Lands (Regulation) Rules, 1964, damages be assessed by the Competent Authority against the encroachers, upon, the panchayat lands concerned. Since, the above order has yet remained unenforced, at the instance of the Competent Authorities concerned, therefore, the petitioner herein accessed this Court for a direction being made, upon the respondents concerned, to ensure that it is forthwith enforced.
3. Mor
The court emphasized the necessity of compliance with statutory provisions and natural justice principles in eviction proceedings, mandating that execution petitions be filed to allow for objections ....
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
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