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VIKAS BAHL
Samaj Mandir – Appellant
Versus
Municipal Corporation, Karnal – Respondent
| Table of Content |
|---|
| 1. eviction of encroachers on municipal land (Para 1 , 2) |
| 2. claim of ownership based on jamabandi (Para 3) |
| 3. court's validation of municipal ownership (Para 4 , 5) |
| 4. writ petition dismissed, no merit found (Para 6) |
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
This is a Civil Writ Petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the order dated 15.07.2021 (Annexure P-1) passed by the Court of Joint Commissioner, Municipal Corporation, Karnal (respondent No.2) and order dated 22.03.2023 (Annexure P-2) passed by the Court of the Commissioner-cum-Appellate Authority, Municipal Corporation, Karnal, vide which, the petitioners were directed to vacate the premises/land in question.
2. The brief facts of the present case are that on the complaint of one Ashok Kumar and other residents of Village Daha Jagir, in which, it was alleged that the petitioners had encroached upon the land owned by the Municipal Corporation, Karnal and an inquiry was conducted and it was found that the petitioners had encroached upon the land measuring 15 kanals 18 marlas comprised in Khewat No.543, Khatauni No.673, Rectangle
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 ruled that the petitioner failed to establish a legal right over the property, and eviction must follow due process under the Land Conservancy Act.
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