GRAM PANCHAYAT DEWLAWAS Vs. THE COMMISSIONER

JUDGEMENT

(1.) The Gram Panchayat of Village Dewlawas prays for issuance of a writ of certiorari quashing order dated 4.8.2011 passed by the Commissioner Gurgaon Division, Gurgaon, whereby orders dated 31.3.2010 and 21.9.2010 passed by the Assistant Collector 1st Grade-cum-SDO (Civil), Pataudi, District Gurgaon and the Collector, Gurgaon, respectively under the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana) (hereinafter referred to as the "1961 Act"), have been reversed. The petitioners aver that as the Assistant Collector 1st Grade and the Collector recorded concurrent finding that as the land, in dispute, is being used by residents of the village for common purposes, it vests in the Gram Panchayat, and, therefore, respondent Nos. 4 to 10 are liable to be evicted. The land, in dispute, is, admittedly, part of Khasra No. 83, that measures 1 Kanal-09 Marlas and is used by the village community for common purposes, namely, for a tubewell, a water tank, a khal and a path to connect the village abadi with the cremation ground. It is further averred that the well, tubewell, water tank and metalled path leading to the cremation ground are maintained by the Gram Panchayat, duly proved by documents Exhibits PW 6/1 to PW 6/5, and the muster roll etc. The land, in dispute, is, therefore, "Shamilat Deh" as defined in Section 2(g)(4) of the 1961 Act. The finding recorded, by the learned Commissioner, to the contrary, should, therefore, be set aside.

(2.) Counsel for the private respondents submits that as per jamabandi for the year 1964-65, khasra No. 83 is recorded as "Gair Mumkin Chah Pukhta" (a source of water) owned by and in possession of Pyare Lal and others. The mere fact that Tej Ram and Devi Ram sons of Jagdish, transferred 02 Marlas of land, being 1/12th share, out of total land measuring 01 Kanal 09 Marlas to the Gram Panchayat, by a deed of transfer dated 1.2.2008, does not entitle the Gram Panchayat to claim ownership or possession of the entire land. It is further submitted that as proceedings under Section 7 of the 1961 Act are summary in nature, the Assistant Collector 1st Grade and the Collector should have decided the question of ownership before proceeding to order the petitioners' eviction. The learned Commissioner, has rightly reversed orders passed by the Assistant Collector 1st Grade and the Collector by holding that the land is not "Shamilat Deh".

(3.) We have perused the petition, the impugned orders and heard counsel for the contesting respondents.