SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, we propose to decide two writ petitions i.e. CWP No. 36543 of 2019 titled as Shiv Kumar and others vs. State of Haryana and others and CWP No. 3800 of 2020 titled as Bohti Devi and others vs. State of Haryana and others, as a common question of law is involved and similar are the facts in these cases. For convenience, the facts are being taken from CWP No. 36543 of 2019.

(2.) In CWP No. 36543 of 2019, application under Sec. 7 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as '1961 Act') for ejectment from the land in dispute of the respondents (petitioners in the present writ petition as also in the other writ petition i.e. CWP No. 3800 of 2020) was preferred by the Gram Panchayat, Chhallaur, Block Bilaspur, District Yamuna Nagar. The said application was allowed by the Assistant Collector, 1st Grade-cum-District Development and Panchayat Officer, Yamuna Nagar on 11/12/2015 (Annexure P-1) holding therein that the land in dispute comes under the definition of 'Shamlat Deh' and is for a common purpose meant for the use of all villagers and hence, vests in the Gram Panchayat ordering ejectment of the petitioners. Since they were found to be in illegal cultivating possession of the said land, penalty was imposed upon them for the loss of non-user of the said land @ Rs.4000.00 per acre per annum from the year 1993 till the date of possession.

(3.) Petitioners preferred an appeal against this order but the same was dismissed by the Collector, Yamuna Nagar vide order dtd. 10/8/2016 (Annexure P-2) on the ground that the amount of penalty having not been deposited, the appeal would not be maintainable especially in the light of Sec. 13-B of the 1961 Act, which clearly states that no appeal shall lie unless the amount of penalty, if any, imposed under sub-sec. (2) of Sec. 7 is deposited with the Collector.