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SURESHWAR THAKUR, LALIT BATRA
Gram Panchayat – Appellant
Versus
Joint Development Commissioner (IRD) – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
The Gram Panchayat Village Dudiana Khurd, on 21.10.1993 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 respondents No.3 to 5.
2. Through a decision made on the said eviction petition, on 22.08.1996 (Annexure P-1), the Collector concerned, proceeded to grant the espoused decree of eviction to the Gram Panchayat concerned. The learned Collector concerned, after hearing the arguments concluded, that the Panchayat is the owner of the land in dispute, because the respondents did not produce any document or entry/mutation/jamabandi in support of their ownership of the land in dispute. As such, the petition for eviction, as became cast on behalf of the Panchayat was allowed, and, the Panchayat was declared to be the owner of the land in dispute, and, the respondents No.3 to 5 were directed to vacate their illegal possession from the land in dispute.
3. The decreeing of the panchayat's eviction petition, led the aggrieved therefrom, to institute an appeal there against, before the learned Joint Development Commissioner concerned, who afte
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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