RAJESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The private respondents No.6 and 7, through a petition instituted before the learned Collector concerned, under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), sought ejectment of the petitioners from the petition land(s). The above relief was claimed, inter alia, on the grounds that the petitioners have encroached upon a common passage of the village concerned, by merging it within the boundaries of their house(s), by constructing a roof over the said passage. It was further alleged therein, that the said passage, which was paved with cement tiles and blocks by Gram Panchayat concerned with its funds, indeed vests in the Gram Panchayat concerned and is being used by the general public since times immemorial.

(2.) Controverting the claim as raised in the petition (supra), the petitioners claimed the petition land(s) to be their ancestral property, by virtue of its falling under 'Lal Dora', i.e. abadi deh, rather than its being a 'shamlat deh' land, and thus, the maintainability of the petition was disputed.

(3.) The learned Collector concerned, during the pendency of the petition (supra), ordered for a demarcation of the site concerned, which resultantly was conducted by the Tehsildar, Bahadurgarh, on 5/11/2018 (Annexure P-5). Placing reliance upon the demarcation report (supra), the learned Collector concerned, vide order dtd. 14/6/2019, ordered for the eviction of the petitioners from the petition land(s).