MUNI LAL AND OTHERS Vs. GRAM PANCHAYAT/GRAM SABHA VILLAGE KHERA GAJJU, TEHSIL AND BLOCK RAJPURA, DISTRICT PATIALA AND OTHERS

JUDGEMENT

(1.) By way of this order, we shall dispose of Civil Writ Petition Nos. 20508 of 2009 titled "Muni Lal and others vs. Gram Panchayat/ Gram Sabha village Khera Gajju, Tehsil and Block Rajpura, District Patiala and others" and 10235 of 2010 titled "Piara Singh and others vs. Gram Panchayat / Gram Sabha village Khera Gajju, Tehsil and Block Rajpura, District Patiala and others" as they involve adjudication of common questions of law and facts. For the sake of convenience facts are being taken from CWP No. 20508 of 2009.

(2.) Shadi Ram, predecessor-in-interest of the petitioners filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the 1961 Act') seeking declaration of title of the land in dispute comprising Khasra No. 123//20/1 measuring 01 kanal 13 marlas, situated in village Khera Gajju, Block and Tehsil Rajpura, District Patiala. The Collector/Divisional Deputy Director, Rural Development and Panchayat, Patiala, vide its order dated 20.2.2006 (Annexure P-3) held that the suit land is the ownership of Gram Panchayat but as the petitioner has constructed house, bara etc., the Gram Panchayat was directed to get khasra No. 123//20/1 demarcated and the Gram Panchayat may receive the value of this land as per Collector's rate and a path may be provided to the petitioner as per rules. The Gram Panchayat, feeling aggrieved by the order of the Collector, filed an appeal which was allowed by the Joint Development Commissioner (IRD) (exercising the powers of Commissioner) on 30.4.2008. The petitioners pray for setting aside order dated 30.4.2008 (Annexure P-5) passed by the Commissioner.

(3.) Counsel for the petitioners submits that the petitioners are in possession of the land in dispute for the last more than 50 years. They have raised construction of their houses, baras and installed flour mill, saw mill and other allied machinery. The land in dispute is being used by them for the purpose of their business as well as residence. It is argued that as the petitioners are in possession of the land in dispute prior to 26.1.1950, the Collector and the Appellate Authority have wrongly and illegally held that the Gram Panchayat is the owner of the land, in dispute. It is prayed that the order passed by the Appellate Authority may be set aside and the petitioners may be permitted to deposit the value of the suit land in compliance of the order passed by the Collector even if it is held that the same belongs to the Gram Panchayat.