VINOD KUMAR Vs. ASSISTANT COLLECTOR IST GRADE

JUDGEMENT

(1.) This order will dispose of 19 writ petitions viz. Civil Writ Petition Nos. 9790 of 1995, 12302 of 1993, 1872-A of 1994, 9787 to 9789, 9791, 13075, 13078, 13090, 13091, 16969 to 16976 of 1995, filed by Vinod Kumar, Raunak Lal, Sohan Lal, Surjit Singh, Hakikat Rai, Pritam Singh, August Muni, Mam Chand, Raj Pal, Om Parkash, Tarlok Singh, Kashmira Singh, Dhian Singh, Waryam Singh, Avtar Singh, Som Nath, Ashwani Kumar, Ram Kishan and Gurmukh Singh, respectively. To dictate order, the facts are being taken from Civil Writ Petition No. 9790 of 1995. Petitioners, in all these writ petitions, belong to poor section of the society and are residents of village Ismailbad, Tehsil Thanesar, District Kurukshetra. They are in possession of land owned by the Gram Panchayat ranging between 100 to 200 square yards. Total land in their possession is 3 kanals & 4 marlas. It is their case that they are sitting on the land for the last more than four decades; have constructed their residential houses and after making openings, some are using small portions of their respective houses as shops.

(2.) Gram Panchayat of village Ismailbad filed an application for their ejectment, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (As applicable to Haryana) (hereinafter referred to as "the Act"). The Assistant Collector 1st Grade, Kurukshetra, vide order dated 13.8.1991 disposed of that application ordering that price of the land be recovered from the petitioners/occupants. It was directed that five years' average value be procured from the Revenue Patwari and the petitioner, in this case, was ordered to pay an amount of Rs. 13,980 towards price of the land under his possession. It was further ordered that in case price is not deposited, the Gram Panchayat would be at liberty to get possession of the land in dispute.

(3.) It is necessary to mention here that the above order was passed taking note of a resolution passed by the Gram Panchayat on 20.6.1991 opting to sell the land in dispute to the occupants against price. It is evident here that in response to an order passed, as referred to above, the petitioner deposited an amount of Rs. 2,330 with the Gram Panchayat on 5.2.1992. Another resolution was passed by the Gram Panchayat on 3.2.1992 and it was further resolved that market price be charged until 31.12.1991. The authority was given to the Sarpanch to do the needful. In the meantime, the Gram Panchayat also went in appeal against order dated 13.8.1991. That order was set aside on 18.6.1992 and the matter was remitted back to the Assistant Collector 1st Grade, Kurukshetra for fresh hearing. Both the parties led evidence and vide order dated 19.11.1992, by noting that the Gram Panchayat is owner of the land in dispute and the petitioner is sitting unauthorizedly thereon, his ejectment was ordered. He was directed to pay penalty of Rs. 50 per marla towards use and occupation of the land in dispute. The petitioner and others went in appeal which was dismissed by the Appellate Authority vide order dated 19.5.1993, relevant portion whereof reads thus:-