The court mandates lawful demarcation of encroached lands under the Punjab Village Common Lands Act, emphasizing the responsibilities of revenue officials to act against encroachments.

JUDGMENT

Mr. Sureshwar Thakur, J. (Oral)

The petitioner alleges that some encroachments are made, upon the lands designated, as gair mumkin hadda rori, gair mumkin chappar and gair mumkin passage. Therefore, for ensuring that lawful action against the encroachers, upon the above lands, is drawn by the Sarpanch of the Gram Panchayat concerned, and/or by the BDPO concerned, thus a validly made demarcation of the relevant sites is required to be conducted by an empowered revenue officer concerned.

2. In the above endeavour, the BDPO concerned, has addressed a letter (Annexure P-4) to the Tahsildar Samana for conducting demarcation of the relevant lands, through his making directions, upon an empowered revenue officer concerned. However, despite the said letter (Annexure P-4) becoming addressed to the Tahsildar, Samana, yet no further directions have been passed by Tahsildar, Samana, upon any empowered revenue officer concerned, so that thereby demarcation of the above site is conducted. Consequently, for the failure of action takings by the Tahsildar, Samana, thus no lawful motion yet has been drawn under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act of 1961'), for ensuring that the encroachers, who have made encroachments, upon the above sites, are ensured to be removed therefrom, thus through a decree of eviction becoming rendered against them.

3. Consequently, the dereliction of duties on the part of Tahsildar, Samana are deprecated, and, a show cause notice is directed to be issued upon him, by the Collector of the revenue District concerned, for eliciting from him the reason for his failure to draw any lawful action, upon, Annexure P-4.

4. Be that as it may, Tahsildar, Samana is directed to forthwith appoint an empowered revenue officer for conducting a lawful demarcation of the relevant sites. Subsequently, if in the said validly conducted demarcation of the petition land(s), some encroachments are revealed to be made thereons, thereupon either the Sarpanch of the Gram Panchayat concerned, or the BDPO concerned, shall forthwith move a petition under Section 7 of the Act of 1961, thus before the Assistant Collector concerned, who shall draw a lawful speaking order thereons, but after hearing all the affected persons concerned, thus within a period of six months of the said petition becoming preferred before him.

5. With the afore observations, the petition stands disposed of.