MEHAR SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The petitioners pray for issuance of a writ of certiorari for setting aside orders dated 14.06.2007 and 18.09.2009, passed by the Divisional Deputy Director, Rural Development & Panchayat-cum-Collector, Panchayat Lands, Jalandhar/Amritsar and the Director Village Development & Panchayat Department, Punjab, (exercising the powers of Commissioner) under Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the '1961 Act'). Counsel for the petitioners contends that the land, in dispute, was created after applying a pro rata cut on the holdings of proprietors but as it was not needed or earmarked for any common purpose, it is Bachat Land and has to be returned to proprietors. It is further contended that as the land, in dispute, was recorded as "Shamlat Deh Hasab Hissas Paimana Malkiat" and was in the possession of "Maqbooza Malkan" prior to consolidation, the land clearly belongs to proprietors and was, therefore, wrongly mutated in the name of the Gram Panchayat. It is further contended that vide order dated 15.07.1996, the Director Consolidation of Holdings, Punjab, has partitioned the land amongst proprietors and allocated it to them. The order has been upheld upto the Hon'ble Supreme Court. The mere fact that the Hon'ble Supreme Court granted liberty to the Gram Panchayat to seek adjudication of its title, under Section 11 of the 1961 Act, did not entitle authorities, under the 1961 Act, to ignore orders passed by consolidation authorities. It is further contended that orders passed by the Collector and the Appellate Authority are devoid of any reasons, much less reasons to support their conclusion that the land vests in the Gram Panchayat. It is also contended that as a mere mutation does not confer title, the mutation sanctioned during consolidation, cannot be the basis for a declaration that the land, in dispute, belongs to the Gram Panchayat.

(2.) Counsel for the Gram Panchayat submits that as, admittedly, the land, in dispute, was "Shamlat Deh Hasab Hissas Paimana Malkiat", it came to vest in the Gram Panchayat under the Punjab Village Common Lands (Regulation) Act, 1953 (hereinafter referred to as the '1953 Act') and, thereafter, in accordance with the 1961 Act. The land was, therefore, rightly recorded as ownership of the Gram Panchayat. It is contended that as consolidation authorities had no jurisdiction to decide title, the Hon'ble Supreme Court granted liberty to the Gram Panchayat to file a petition under Section 11 of the 1961 Act. The petitioners have failed to prove that the land belongs to them or that it vests in them as proprietors under any of the exceptions carved out under Section 2(g) of the 1961 Act.

(3.) We have heard counsel for the parties and perused the impugned orders.