SURESHWAR THAKUR, SUDEEPTI SHARMA
Dharampal Sharma @ Dharampal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
In the instant writ petition, the petitioners seek the quashing of the notification dated 7.12.2020, issued vide Haryana Act No. 30 of 2020 to the extent that item (i) of Clause (g) of Section 2, as carried in the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961') became therebys omitted vide the impugned Act. The petitioners also seek quashing of the impugned order dated 15.6.2007, passed by the Collector concerned, and, the order dated 31.3.2008 passed by the Commissioner concerned, as well as the orders dated 19.12.2012, and, dated 23.1.2019, as, passed by the Financial Commissioner concerned, wherebys the suit filed by the petitioners under Section 13-A of the Act of 1961 has been dismissed.
2. It is averred in the petition (supra), that the petitioners, and, other proprietors of the village are the owners in possession of the total land measuring 1316 kanals-14 marlas of village Rehawar, Tehsil and District Panchkula, and, the said land belongs to the village proprietary body, and, a revenue entry of makbuja malkan with respect to the same is also recorded. It is further averred thereins, that the land in dispute is
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Section 14 of RSIR Act, 2016 provides for public notice of draft Master Development Plan and invitation of objections from public including suggestions.
The amendment to the Punjab Village Common Lands Act was unconstitutional as it violated proprietary rights without compensating landowners, affirming prior jurisprudence that unutilized land ('bacha....
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
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