MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of three writ petitions namely, CWP No. 13145 of 2009 titled as Mohinder Singh v. State of Punjab and others (for short ' 1st Petition'), CWP No. 13147 of 2009 titled as "Vinay Kumar Gupta v. State of Punjab and others" (for short '2nd petition') and CWP No. 13915 of 2009 titled as "Balwinder Singh v. State of Punjab and others" (for short '3rd petition'), as they involve adjudication of a similar question of law based on identical facts. The Gram Panchayat of village Begowal, filed applications under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act"), for eviction of the petitioner in the 1st petition from land measuring 4 Kanals 9 Marlas, in the 2nd petition from land measuring 12 Kanals and in the 3rd petition from land measuring 7 Kanals 16 Marlas, pleading that the petitioners in all the aforesaid petitions, are in unauthorised possession over land belonging to the Panchayat whereas, the petitioners' stand in the written statement was that as the land in dispute has fallen within territorial limits of Municipal Council, Mukerian, by virtue of a notification issued by the Punjab Government, the Gram Panchayat is left with no right, title or interest either to file or to maintain an application under Section 7 of the 1961 Act.

(2.) THE District Development and Panchayat Officer, Hoshiarpur, vide order dated 9.7.2007, allowed the application of the Gram Panchayat, by observing that the petitionees) have failed to produce any evidence that the land in dispute has been included in Municipal Council, Mukerian. It was also observed that even if, it is assumed that the land has been transferred to the Municipal Council, Mukerian, but as the petitionees) are in unauthorised possession, they can be evicted on an application filed under Section 7 of the Act.

(3.) THE Appellate Authority, dismissed the appeal vide order dated 3.10.2008, holding that even if land in dispute has been included in Municipal Council, Mukerian, the petitioner(s), being in unauthorised possession, can be evicted on an application filed under section 7 of the Act.