DALBIR CHAND Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) By way of this order, we shall answer a reference, dated 15.07.2010, made by one of us (Rajive Bhalla, J.) pertaining to interpretation of the expression "hilly area" as defined in Section 2(bb) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act") and the effect of Section 14-A of the 1961 Act insofar as it relates to the rights of a Gram Panchayat in Shamilat Deh. The reference order dated 15.07.2010, reads as follows:-

(2.) Counsel for the State of Punjab as well as the Gram Panchayat submit that Section 2(bb) of the 1961 Act defines "hilly areas" and Section 14-A(a) and (b) of the 1961 Act merely declare that a Gram Panchayat shall not exercise any right or do any act in respect of land in a "hilly area" in contravention of provisions of the Indian Forest Act, 1927 and the Rules framed thereunder. Section 14-A of the 1961 Act does not adversely affect the proprietary or possessory rights of the Gram Panchayat or prevent the Gram Panchayat from exercising its rights under the 1961 Act. The only impediment to the exercise of these powers is that they shall not be exercised in contravention of provisions of the Indian Forest Act, 1927. It is further submitted that the petitioners' arguments, whether based on the objects and reasons or on the provisions of Sections 2(bb) and 14-A of the 1961 Act, are entirely misplaced. The reference may, therefore, be answered by affirming the rights of the Gram Panchayat to seek the petitioners' eviction.

(3.) We have heard counsel for the parties, considered their arguments for and against their respective stands and perused Sections 2(bb) and 14-A of the 1961 Act which were introduced into the 1961 Act by Amending Act No. 19 of 1964 and sub-clauses (i), (iii) and (iv) of Section 2(bb) of the 1961 Act substituted by Punjab Act No. 13 of 1965. The question that essentially calls for an answer is whether Section 14-A of the 1961 Act places any impediment on the rights of a Gram Panchayat in the Shamilat Deh of a village, situated in a hilly area. The petitioners, in our considered opinion, have canvassed an extreme proposition that Section 14-A of the 1961 Act prohibits a Gram Panchayat from exercising any right, including the right to seek eviction from Shamilat Deh, situated in a hilly area. The scheme of the 1961 Act and provisions of Sections 2(bb) and 14-A of the 1961 Act do not lend support to the interpretation sought to be canvassed by counsel for the petitioners.