BABU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari setting aside orders dated 29.03.2004 (Annexure P-3), 27.04.2005 (Annexure P-6) and 05.07.2006 (Annexure P-9), passed by the Additional Deputy Commissioner(D), exercising the powers of 'Collector' and the Director, Rural Development and Panchayats, Punjab, respectively, exercising the powers of 'Commissioner', under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act'). The proprietors of village Balamgarh, created a Cooperative Society, by the name of Balamgarh Coop. Choe Reclamation Society (hereinafter referred to as 'the Society'), on 30.05.1947. The petitioner (since deceased) was President of the Society. The members of the Society claim that they had 1/3rd share in Patti Albela, 1/3rd share in Patti Hushail and 1/3rd share in Patti Gulab, out of land situated in Khewat/Khatauni No. 414/456, as recorded in jamabandi for the year 1973-74. The landowners addressed a letter, in 1947, to the Collector, Ambala, requesting that the forest existing on the land, should be managed on their behalf, by the Punjab Government, as a protected forest. A notification was consequently issued under Section 20(b) of the Indian Forest Act and remained in force till it finally expired in December, 1997. Aggrieved by transfer of management of the land, in dispute, to the Forest Department, the Gram Panchayat filed an application, under Section 11 of the 1961 Act, on 21.09.1977, before the Collector, Roopnagar, asserting its ownership and challenging the legality of notification dated 27.12.1972. The petitioner/proprietors filed a reply that notification issued by the State of Punjab is in accordance with law and as the land belongs to three Pattis, with, 1/3rd share each, it does not vest in the Gram Panchayat.

(2.) The District Development and Panchayat Officer, exercising power of "Collector", under the 1961 Act, allowed the petition by passing an ex-parte order, dated 20.07.1984, holding that as the Gram Panchayat is owner of the land, in dispute, the Society has no right, title or interest, therein. The Society filed an appeal before the Joint Director Panchayats, which was dismissed. The Society, thereafter, filed Civil Writ Petition No. 298 of 1985, which was allowed, vide order dated 11.08.1987, by holding that the Collector and the Commissioner, have no jurisdiction to pronounce upon the legality of notification, issued under the Indian Forest Act and to, consequently, determine the rights of parties. The orders, passed by the District Development and Panchayats Officer and the Joint Director, Panchayats, Punjab, exercising powers under Section 11 of the 1961 Act, were set aside and the matter was remitted to the District Development and Panchayats Officer-cum-Collector, Roopnagar, for deciding the matter afresh.

(3.) The parties put in appearance before the Collector, Roopnagar, but during pendency of proceedings, another petition came to be filed, under Section 11 of the 1961 Act, by one Pritam, before the Collector, claiming ownership of land bearing Khewat/Khatauni No. 416/481, 416/482, 416/483, 41/484, 416/501, 416/520, 416/530, 416/532, situated in village Balamgarh. The petition was decided in favour of the Gram Panchayat on 06.03.1988. The Gram Panchayat, therefore, withdrew its petition, that it had filed under Section 11 of the 1961 Act.