Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS SURI
Amandeep Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J. (Oral)
Certain village proprietors, who claimed rights in shamlat deh land owned by the Panchayat deh, had filed Civil Writ Petition bearing No.29954 of 2022 titled as "Alamgir Khan Vs. Sukhwinder Singh Tiwana". In the said writ petition relief was claimed that illegal and unauthorized occupations over shamlat deh land, rather were made by certain encroachers.
2. On the said writ petition, the hereinafter extracted mandamus was passed upon the respondent concerned.
"1. The writ petition is disposed of with a direction to the BDPO concerned, to forthwith institute a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, before the Collector concerned. However, preceding the institution of the said petition for eviction, the authorized officer concerned, shall conduct a valid demarcation of the petition lands.
2. On such a petition becoming instituted before the Collector concerned, the latter shall after hearing all affected persons concerned, shall make a lawful decision thereons but within six months from its institution.
3. Disposed of."
3. The learned Senior Deputy Advocate General, Punjab places, on record an order rendered
The court affirmed the binding nature of eviction orders under the Punjab Village Common Lands Act, rejecting jurisdictional challenges based on the Haryana Public Premises Act.
Eviction orders under the Punjab Village Common Lands Act cannot be enforced until they attain finality, especially when a statutory appeal is pending.
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.
Lack of authorization by the Gram Panchayat or the State Government rendered the application under Section 7(1) of the Act of 1961 not maintainable.
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
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 eviction process under the Haryana Village Common Land Act requires substantiation with relevant documents; mere claims of disputed title without evidence are insufficient.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
