CHARANJI LAL Vs. ASSISTANT COLLECTOR 1ST GRADE

JUDGEMENT

(1.) This writ petition has been filed to lay challenge to an order dated 20.03.1989 vide which, application filed by respondent No. 4 was allowed, ordering ejectment of the petitioner from land measuring 106 square yards. In that land, petitioner had raised his construction. Further challenge has been laid to an order dated 10.05.1990 dismissing appeal filed by the petitioner against the above order. As per facts on record, respondent No. 4 filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the Act') seeking ejectment of the petitioner from portion of the land falling in plot No. 723 measuring 2 kanals and 5 marlas. It was stated that during consolidation proceedings, this land was allotted to him and other land owners for the purpose of manure pits. It was further stated that the petitioner, who was then Member Panchayat, has built up his house in the land, which was reserved for a specific purpose during consolidation proceedings. After notice, reply was filed by the petitioner wherein, it was stated that the disputed land was reserved as manure pits for the non-proprietors. It was further stated that the land is in possession of non-proprietors as its owners and as per their understanding, they have taken possession of specific portions of land out of land measuring 2 kanals and 5 marlas. It was said that the land in possession of the petitioner is less than his share in the total land allotted to the non-proprietors. During pendency of those proceedings, demarcation was got done at the spot and it transpired that the petitioner was in unauthorized possession of land earmarked for manure pits during consolidation proceedings. On objection raised, second demarcation report was called. During pendency of the proceedings, petitioner filed an application under Section 13A of the Act claiming ownership in the land in dispute. On account of that, proceedings under Section 7 of the Act were stayed on 25.09.1985. His application under Section 13A of the Act was dismissed by the Assistant Collector 1st Grade, Mohindergarh on 22.12.1986. The petitioner also failed in appeal, which was dismissed on 08.05.1987. Those orders have become final.

(2.) Thereafter, matter was again taken up for ejectment of the petitioner. After noting above facts and looking at the demarcation reports and other documents on record, Assistant Collector 1st Grade, Mohindergarh ordered his ejectment on 20.03.1989. It was observed as under:-

(3.) It was specifically noticed that the petitioner is in possession of excess land to his share. The said land was reserved for manure pits during consolidation proceedings. It was also noted that the land measuring 4 marlas falls to the share of the petitioner including his two brothers and his father. He was ordered to be ejected from 106 square yards of excess land with him. Petitioner went in appeal, which was dismissed on 10.05.1990. Findings given by Assistant Collector 1st Grade, Mohindergarh on 20.03.1989 were affirmed. It was reiterated that the land was earmarked for manure pits during consolidation proceedings whereupon the petitioner unauthorizedly had raised construction. Hence, this writ petition.