BACHAN SINGH Vs. JOINT DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) AN application under Section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 was filed against the petitioner and four others. It was alleged that they were in unauthorised occupation of 4 Kanals and 6 Marlas of land. This application was allowed by the Collector Gurdaspur vide order dated September 19, 1997. The petitioner alongwith Bawa Singh filed an appeal. It was dismissed by the Commissioner vide order dated February 18, 1999. The petitioner alleges that the orders, copies of which have been produced as Annexures P.1 and P.2 are wholly illegal. Thus these should be quashed.

(2.) NOTICE of motion was issued.

(3.) MR . M.S. Bedi, counsel for the petitioner contends that the respondent Panchayat is not the owner. The land vests in the land owners of the village. Thus, the Panchayat could not have filed a petition under Section 5 of the 1973 Act. The claim made on behalf of the petitioner has been controverted by the counsel for the respondents.