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SURESHWAR THAKUR, LALIT BATRA
Satpal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. - (Oral)
The eviction petition bearing No.11/VCL dated 11.06.2019 (Annexure P-2) became instituted against one Satpal and one Narender at the instance of Gram Panchayat of village Brah Khurd, Tehsil and District Jind. On the said eviction petition, an order became rendered on 18.10.2021, whereby the eviction petition (supra), preferred by the Gram Panchayat concerned, became decreed.
2. The said petition was constituted under the provisions of Section 7 (2) of the Punjab Village Common Lands Act, 1961 (hereinafter in short referred to as the Act of 1961).
3. Earlier to the instant writ petition becoming instituted before this Court, a person who was interested in the disputed land, given his being assigned the rights of common user there of, in the consolidation scheme, thus, instituted Civil Writ Petition bearing No.19996 of 2023, for thereby this Court, making a direction upon the decree holder concerned, to forthwith institute an execution petition, for therebys enforcing the verdict of eviction.
4. In the operative part of the order made on the said petition on 12.09.2023, operative part whereof become extracted hereinafter, it was directed that
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 affirmed the binding nature of eviction orders under the Punjab Village Common Lands Act, rejecting jurisdictional challenges based on the Haryana Public Premises 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.
The eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
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