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SURESHWAR THAKUR, KULDEEP TIWARI
Rajesh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The private respondents No.6 and 7, through a petition instituted before the learned Collector concerned, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), sought ejectment of the petitioners from the petition land(s). The above relief was claimed, inter alia, on the grounds that the petitioners have encroached upon a common passage of the village concerned, by merging it within the boundaries of their house(s), by constructing a roof over the said passage. It was further alleged therein, that the said passage, which was paved with cement tiles and blocks by Gram Panchayat concerned with its funds, indeed vests in the Gram Panchayat concerned and is being used by the general public since times immemorial.
2. Controverting the claim as raised in the petition (supra), the petitioners claimed the petition land(s) to be their ancestral property, by virtue of its falling under "Lal Dora", i.e. abadi deh, rather than its being a "shamlat deh" land, and thus, the maintainability of the petition was disputed.
3. The learned Collector concerned, during the pendency of the petition (supra)
The necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
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 demarcation report must be proven in accordance with the law, and a valid demarcation of the disputed sites must be conducted.
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