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 178. Though, it was averred that the said khasra numbers, are adjacent to the pond, but in the central pond of the village, on the southern side, a street has been made with bricks. Moreover, on the northern side of the street, co-respondent No. 16, by putting sand in the pond, has raised illegal construction. In addition, Gurdev Singh, Gurmail Singh, Harnek Singh, Nirmal Singh, Pargat Singh i.e. respondents No. 10 to 14, are also alleged to have raised illegal construction, whereas, Karam Singh, Darshan Singh, Gurmeet Kaur and Amarjeet Kaur, co-respondents No. 19, 20, 21 and 22, thus, are alleged to have raised a wall. Thus, it was averred in the petition that owing to the above said illegal constructions over the said three ponds, there is an impediment against the disposal of dirty water(s) into the pond concerned.

3. Through a decision made upon the petition (supra), on 06.10.2015 (Annexure P-7), the learned Collector concerned, proceeded to allow the petition (supra), and, ordered for the encroachments, as, made upon the petition khasra numbers, being removed by the encroachers concerned.

4. The aggrieved therefrom instituted an appeal thereagainst before the Appellate Authority concerned. However, the Appellate Authority concerned, through a decision made on the statutory appeal, on 19.10.2016 (Annexure P-9), dismissed the said statutory appeal, and, thus affirmed the verdict Annexure P-7, as became drawn by the Collector concerned. Both the learned Statutory authorities below, in theirs' making concurrent decisions against the petitioners herein, premised them, on a demarcation report dated 24.11.2014, which became prepared by a panel of three kanungoos. Resultantly since the said demarcation report (supra), revealed that on khasra no. 186, occurs a gair mumkin rasta. Therefore, besides on its basis, it also became concluded that the owners of khasra no. 193, have raised house over the rasta existing on khasra no. 186. Further, on the basis of the said demarcation report, it was concluded that Balbir Singh, Kulbir Singh son of Raj Singh but have raised illegal construction over temporary passage occurring over khasra No. 381 and going towards khasra no. 368, 378 and 372, thus resulting in the passage, through khasra No. 368, and, on the backside of khasra no. 372, which runs through khasra no. 381, rather becoming closed. The above concurrently made decisions (Annexures P-7 and P-9), against the petitioners, have led them to raise there against, the instant petition before this Court.

Submissions of the learned counsel for the petitioners.

5. i) The learned counsel for the petitioners argue, that since the disputed lands, do not come within the ambit of shamlat deh lands, inasmuch as, Section 2(g)(i), provisions whereof are extracted hereinafter,