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LISA GILL, RITU TAGORE
Sabir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Lisa Gill, J.
Petitioners have filed this writ petition being aggrieved of their ejectment from the land in question on an application/petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 [now Haryana Village Common Lands (Regulation) Act, 1961 as notified on 05.04.2021 (for short - 1961 Act')] vide order dated 30.09.2016 passed by learned Assistant Collector First Grade, Sonepat.
2. Brief facts, as pleaded in the writ petition, are that the petitioners filed application dated 17.05.1994 before the learned Assistant Collector 2nd Grade, Sonipat for correction of Girdawari regarding land measuring 181 kanals 10 marlas as described in the writ petition. Plea taken in this application seeking correction of khasra girdawaries was that the petitioners had taken land on lease from the proprietors since three years prior thereto. It was stated that mutation of land in dispute was sanctioned in favour of the Gram Panchayat, however, land was being cultivated by the petitioners having been taken on lease from the proprietors of the land, who were in fact owners of said land recorded as Hasab Rasad Raqba Khewat and that they were in possession thereof,
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
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 in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
The court established that the Gram Panchayat has the right to claim ownership of land classified as 'Shamilat Deh' under the Punjab Village Common Lands Act, and private claims must be substantiated....
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
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