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SURESHWAR THAKUR, LALIT BATRA
Gram Panchayat – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
The Gram Panchayat Naya Gaon @ Khadar, on 5.5.1998 instituted a petition for eviction, cast under Section 7 of The Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act") against Sarjan Singh and Sucha Singh.
2. Through a decision made on the said eviction petition, on 18.8.1998 (Annexure P-9), the Assistant Collector concerned, proceeded to grant the espoused decree of eviction to the Gram Panchayat concerned. The decreeing of the panchayat's eviction petition, led the aggrieved therefrom, to institute an appeal there-against (Annexure P-10), before the learned Collector, Panchkula, who after dismissing the appeal bearing No.57/13/Panch as embodied in Annexure P-11, proceeded to concur with the verdict of eviction, as became earlier rendered by the Assistant Collector concerned, (Annexure P-9).
3. Consequently, the respondents in the said appeal were led to institute a revision petition there-against before the Commissioner, Ambala Division, Ambala, who through Annexure P-13, after upsetting the verdicts respectively enclosed in Annexure P-9, and, in Annexure P-11, proceeded to non suit the Gram Panchayat co
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 necessity of a valid demarcation report is crucial for establishing claims of encroachment on common land under the Punjab Village Common Lands Act.
Failure to challenge and produce evidence against a demarcation report can result in upholding eviction orders.
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.
Failure to follow the statutory procedure for eviction under Section 7 of the Act of 1961 led to the quashing of the office order and the appellate authority's decision.
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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