BIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of mandamus to direct the respondents to remove encroachments from land/plots allotted to poor families of scheduled castes, backward classes forcibly occupied by influential persons of village Chochda, Tehsil Asandh, District, Karnal to prevent the illegal filling up of a common pond situated near Shiv Mandir, and to restore the pond to its original state.

(2.) Counsel for the petitioner submits that 362 plots measuring 100 square yards each, were allotted to scheduled castes/backward classes between the years 1994 to 1999. Out of these, 284 plots are in illegal possession of certain influential persons, who are either cultivating the land or have raised construction. Despite repeated complaints made by the petitioner, neither the Sarpanch nor the BDPO, Asandh, are taking any actionin the matter. It is further submitted that a gair mumkin johar (pond) situated in Khasra No. 202 adjoins a Shiv Mandir. The total land of the pond is 30 kanals and 15 marlas, but certain residents of the village, in connivance with the Sarpanch, have filled up a part of the pond with sand, garbage and malba. The pond has been reduced to half of its original size. A direction may be issued to the respondents to remove unauthorised occupation from plots allotted to scheduled castes/ backward classes and to restore the gair mumkin johar (pond) to its original state.

(3.) Counsel for the Gram Panchayat, on the basis of averments in the reply submits that three different petitions have been filed for cancellation of the allotments/gift deeds, which are pending adjudication before the Assistant Collector Ist Grade, Asandh, but fairly concedes that no petition has been filed against persons in unauthorised occupation of plots. It is further submitted that a petition under section 7 of the Punjab Village Common Lands (Regulation)Act, 1961 (hereinafter referred to as "the 1961 Act") has been filed for eviction of the persons, in unauthorised possession, of the gair mumkin johar (pond).