DROPATI KAUR Vs. JOINT DIRECTOR PANCHAYATS

JUDGEMENT

(1.) The present petition has been filed challenging the order dated 03.02.1989 (Annexure P3) whereby respondent No. 1 accepted the appeal of the Gram Panchayat and ordered ejectment of the petitioners from the land in dispute. Respondent No. 2-Gram Panchayat filed proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, the 'Act') against the petitioners and 4 others, for eviction from the land measuring 17 kanals 8 marlas falling in khasra No. 382/29 in village Sunam, District Sangrur. The case of the Gram Panchayat was that the said persons were in occupation as gair marusi tenants and their possession was unauthorised and illegal. The defence taken by the present petitioners alongwith the other persons was that the Gram Panchayat did not exist any more and they were in possession since long and are still in possession. Evidence was adduced by the Gram Panchayat in the form of revenue record being the jamabandi for the year 1974-75 and 1979-80. The petitioners, on the other hand, produced oral evidence to contend that the land in question was in possession of predecessor-in-interest, Arjan Singh for the last 30 years and after his death, his sons were in possession. Construction had been raised in the said land which was within the municipal limits and Panchayat was not the owner of the land. The Clerk of the Municipal Committee was also examined to show that the limit of the Municipal Committee had been extended and the land fell within the Municipal Committee, Sunam. The Collector came to the conclusion that the Gram Panchayat was not owner of the land in dispute as it fell within the Municipal Committee and since the respondents had their houses in the land in dispute since long, dismissed the application filed by the Gram Panchayat on 09.01.1984. Relevant portion of the order read as under:

(2.) The appellate authority, namely, the Commissioner examined the issue with greater detail and noticed that the reasoning given by the Court below was against the record. Reference was made to sub-section (3) of Section 4 of the Punjab Gram Panchayat Act, 1952 (for short, the '1952 Act') to hold that only if whole of the Sabha area of the Gram panchayat was included in the urban area, then the existence of the Gram Panchayat would cease and the liability would vest with the Municipal Committee. It was noticed that khasra Nos. 2 and 29 of the Gram Panchayat were under the Municipal Committee and Panchayat continued to exist and was, thus, the owner of the land. Regarding the second argument, it was noticed that the jamabandies were of the year 1974-75 and 1979-80 and possession of the persons were not proved before 26.01.1950, to bring the land within the exception clauses provided under Section 2(g) of the Act. Accordingly, the eviction order was passed, which is now, subject matter of challenge.

(3.) Learned Senior Counsel for the petitioners has very vehemently argued that prima facie the case of title was raised and the authorities below should have decided the same rather than only ordering ejectment and accordingly, pleaded that the matter should be sent back to the authorities for deciding the question of title.