BRIMA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Proceedings under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) were initiated against the petitioner for his ejectment from the land in question under section 7 of the Act on the ground that this land vested in the Gram Panchayat and the petitioner was in unauthorised possession thereof. In these proceedings the Assistant Collector came to the finding that the petitioner was indeed in unauthorised occupation of this land and consequently directed his ejectment, by his order of December 6, 1974 (Annexure P.1). This order was upheld in appeal by the Collector on March 24, 1975 (Annexure P.2). The further appeal filed against the order of the Collector was dismissed in default by the Commissioner, Ambala Division by his order dated August 8, 1975 (Annexure P.3).

(2.) According to the petitioner a question of title had been raised in these proceedings inasmuch as he had claimed that this land belonged to him and did not vest in the Gram Panchayat. In the petition as filed, the vires of the relevant provisions of the Act had been challenged. In The Karnal Cooperative Farmers Society Ltd., Pehowa v. Gram Panchayat Pheowa and others, 1976 PunLJ 237, the provisions of Section 13-A of the Act were held to be ultra vires. To remedy this defect the Legislature enacted a validating Act namely the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980 whereby the existing sections 13-A and 13-B of the Act were omitted and were substituted by the new provisions of Sections 13-A and 13-B which provide for adjudication with regard to the claim of title to land and appeal and revision therefrom.

(3.) The provisions of the Amending Act in the context of a question of title being raised in proceedings under the Act came up for consideration in Tara Chand v. Gram Panchayat, 1979 PunLJ 1, where it was held that when a question of title is raised the appropriate procedure to be adopted, by the Assistant Collector is either to convert himself into a Tribunal under section 13-B of the Act and to proceed thereafter in accordance with the procedure laid down for determination of title or to ask the petitioner raising the question of title to move an appropriate petition before him under section 13-B of the Act. Proceedings under section 7 of the Act being kept in abeyance till final determination of the question of title raised before him under section 13-B of the Act.