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SURESHWAR THAKUR, KULDEEP TIWARI
Balbir Singh – Appellant
Versus
Joint Development Commissioner, Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Factual Background.
The Gram Panchayat Niamia, Block Kharar, District SAS Nagar (Mohali) through its Sarpanch Jaswinder Kaur instituted on 28.05.2014, a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, hereinafter for short called as 'the PVCL Act', claiming therein relief that the respondents therein be evicted from the petition lands.
Facts relevant for adjudication of the case.
2. In the petition (supra), the petitioners averred that the abadi of the village concerned, falls in khasra No. 381, but the dirty water of the abadi area falls in three ponds of the village. However, it was averred that respondents therein have raised kacha pacca illegal construction over and around the ponds, owing to which there is an obstacle against the dirty water of the abadi area entering into the ponds, with an consequential effect, that the said dirty water gushes, into the homesteads of the abadi owners concerned. Moreover, it was also alleged that, on the northern pond and on the southern pond, illegal constructions have been raised by the residents of the village, over khasra numbers 370, 372, 373, 200, 380, 378, 176, 177 and 17
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.
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