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SURESHWAR THAKUR, KULDEEP TIWARI
Suba Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. (Oral)
Petitioner one Suba Singh filed a petition under Section 7 read with Rule 20-A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'), before the learned Collector concerned. In the said petition, the petitioner arrayed one Harbhajan Singh as co-respondent No. 1 and, also arrayed Gram Panchayat, village Kang, Tehsil and District Gurdaspur as co-respondent No. 2. The petitioner claimed thereins, that the petition land was owned and possessed by the Gram Panchayat concerned, and, the said land has been subjected to construction, at the instance of co-respondent No. 1 Harbhajan Singh. Therefore, relief was claimed in the above petition, that an order of eviction, be made against the said respondent. In the said petition, bearing case No. 186 of 8.7.2014, the learned Collector concerned, made an order for ejectment of co-respondent No. 1-Harbhajan Singh, from the petition land. Moreover, he also ordered, that within one month, after removing the illegal construction, as made thereons at the instance of one Harbhajan Singh, he shall hand over the vacant possession to respondent No. 2, and, further directed the responden
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 emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
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.
Jurisdiction under Section 7 of the Act requires the petition to be filed by a Panch or an authorized officer, and a misconstituted petition by a private person does not confer jurisdiction to the Co....
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
The central legal point established is the requirement to prove title through documentary evidence as per Section 7 of the Act of 1961, and the consequences of failure to do so.
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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