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SURESHWAR THAKUR, KULDEEP TIWARI
Karambir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
One Vakil son of Lal Chand, resident of Village Pasawal, Tehsil Guhla, District Kaithal instituted a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As applicable to Haryana) (for short hereinafter call 'the Act of 1961'). The said petition became assigned case No. 247/50010/06.03.2020. In the petition (supra), the petitioner (supra) claimed relief, that respondent No. 1 therein, the petitioner herein, being ordered to be evicted from the petition lands. The said order of eviction was claimed, on the premise, that the respondent No. 1 therein, had made encroachments upon land owned and possessed by the Gram Panchayat concerned.
2. In pursuance to the institution of the above petition, the statutory notice was issued to one Karambir. However, the notice (supra), as became issued in terms of Rule 20 (2) (b) of the Haryana Village Common Lands (Regulation) Rules, 1964 was uncontestedly issued but without permitting the noticee to avail ten days since the issuance of the said notice to him and or, the noticee was asked to cause appearance before the Collector concerned, before ten days elapsing since the issuing o
The eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
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.
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
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 ....
Lack of authorization by the Gram Panchayat or the State Government rendered the application under Section 7(1) of the Act of 1961 not maintainable.
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