LAWS(SC)-2004-1-132

GRAM PANCHAYAT, AMBALA Vs. DEDAR SINGH

Decided On January 29, 2004
Gram Panchayat, Ambala Appellant
V/S
Dedar Singh Respondents

JUDGEMENT

(1.) The appellant made an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for brevity "the Act") seeking eviction of the respondents from the land in question stating that the said land had vested in the appellant Gram Panchayat and the respondents were in unauthorised occupation. It may be also mentioned that the respondents claimed declaration of their rights and title over the very land under Section 11 of the Act. The Deputy Director, Rural Development, after hearing the parties and after considering the rival contentions, passed the order on 2-12-1994, recording the finding thus:

(2.) The appellant, being aggrieved by the said order, took up the matter in appeal before the Joint Development Commissioner, who again, after examining the records keeping in view the rival contentions advanced on behalf of the parties, did not find any good ground to take a different view than the one taken by the Deputy Director, by stating thus:

(3.) The learned counsel for the appellant strongly contended that the findings recorded against the appellant that the land in question did not vest in the Gram Panchayat is erroneous, having regard to the records that were produced. She drew our attention to the entries made in jamabandi for the years subsequent to 1950. She also relied upon the decision of this Court in Sukhdev Singh V/s. Gram Sabha Bari Khad in support of her submissions.