HARJINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari for quashing order dated 18.05.2011(Annexure P-7/T), passed by the Director Village and Panchayat Development, Punjab (exercising the power of 'Commissioner').

(2.) Counsel for the petitioner submits that as the land, in dispute, is situated within the "Lal Lakir" and is part of "Abadi Deh", it is excluded from "Shamilat Deh". However, Section 2(g)(4) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act') provides that land used or reserved for the benefit of village community, or is in the shape of streets, lanes, play grounds, schools, drinking wells and ponds, situated within "Abadi" or "Gora Deh" shall be "Shamilat Deh". The Gram Panchayat was, therefore, required to prove by prima-facie evidence that land was used or reserved for any of the common purposes, set out in Section 2(g)(4) of the 1961 Act. The Collector, has recorded a definite finding that the Gram Panchayat has failed to prove its ownership but the Appellate Authority has reversed this order by holding that as the Gram Panchayat lodged a complaint with the police about theft of a hand pump installed in the land, in dispute and the petitioner has not been able to prove his ancestral possession, installation of electricity meter and electricity bill etc., the Gram Panchayat is owner of the land, in dispute. It is argued that findings recorded by the Appellate Authority are illegal as they are based upon irrelevant facts. The Gram Panchayat has failed to produce any material to prove that the land has vested in the Gram Panchayat, under Section 2(g)(4) of the 1961 Act.

(3.) Counsel for the respondent-Gram Panchayat submits that the land was, a "Gair Mumkin Pond". The petitioner has encroached upon the pond and has been rightly ordered to be evicted.