GRAM PANCHAYAT Vs. JOINT DEVELOPMENT COMMISSIONER AND ORS.

JUDGEMENT

(1.) This order shall dispose of CWP Nos. 17075 & 17716 of 1998; 794, 3949 & 4607 of 1999. While CWP Nos. 17075, 17716 of 1998 & 794 of 1999 are preferred by the Gram Panchayat of Village Katta, Tehsil Anandpur Sahib, District Ropar, the other two writ petitions i.e. CWP Nos. 3949 & 4607 of 1999 are at the instance of the right-holders of the village. The controversy pertains to land measuring 105 kanal 8 marla, the details whereof are given in para 2 of CWP No. 17075 of 1998 which is also treated as the lead case. While the Gram Panchayat claimed the subject-land to be shamlat deh and owned by it, respondents No. 3 to 20 refuted the claim of the Gram Panchayat and filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 seeking declaration of their title over the land in dispute.

(2.) The then Sarpanch of the Gram Panchayat filed written statement in which though he disputed the uninterrupted possession of the private respondents for more than 12 years prior to the commencement of 1961 Act but admitted them to be the proprietors of village who were statedly in unauthorized occupation of the land. The Collector, Ropar even without framing issues or a detailed discussion on the evidence led by the parties, made a brief reference to some of the jamabandis and accepted the claim of private respondents that they were in possession of the suit land for more than 12 years before the 1961 Act came into force. A declaratory order in their favour was thus passed on 25.09.1987 (Annexure P9).

(3.) The petitioner-Gram Panchayat alleges that the ex-Sarpanches of the village (Daulat Ram and Tulsi Das) themselves were the beneficiaries of the above-mentioned order and not only one of them filed an evasive and vague written statement but they also kept the order under the carpet and no appeal was filed. Tulsi Das was placed under suspension on 27.12.1996 followed by his removal from the office of Sarpanch. Thereafter, the new Sarpanch filed appeal against the Collector's order but that was dismissed by the Joint Development Commissioner, IRD exercising the powers of Commissioner, vide order dated 03.07.1998 (Annexure P10) except Appeal No. 35 of 1998 which has been allowed in part.