GRAM PANCHAYAT Vs. JOINT DEVELOPMENT COMMISSIONER AND ORS.

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid two writ petitions raising similar questions of law and facts. However, for brevity, the facts are taken from CWP No. 14396 of 1997. The challenge in the present writ petition is an order passed by the Joint Development Commissioner, Punjab exercising the powers of the Commissioner under Section 11 of the Punjab Village Common Land (Regulation) Apt, 1961 holding that Panchayat is not the owner of the land subject matter of the petition under Section 11 of the Act filed by the Panchayat.

(2.) THE Panchayat filed a petition under Section 11 of the Act seeking a declaration that respondent No. 3 has no right, title or interest in the land in dispute. The Gram Panchayat relied upon revenue record particularly jamabandi for the years 1988 -89 in which land was recorded as Shamlat Deh Hasab Rasad Jar Khewat in support of its title. The Panchayat claimed that the land vests in Panchayat under Section 2(g)(1) of the Act. Such petition was allowed by the District Development and Panchayat Officer exercising the powers of the Collector holding that the land vest in Panchayat but such order was set aside by the Commissioner holding that the land comprising khasra Nos. 54, 57, 58, 60, 61, 62, 78, 92, 93/1 and 108 are being used for Gair Mumkin Rasta or Gair Mumkin Nadi or Banjar Qadim, therefore, the land in question does not vest in Panchayat.

(3.) SIMILAR entries have been interpreted by the Division Bench of this Court in CWP No. 6872 of 2014 titled as Mehar Singh v. Director, Rural Development and Panchayats decided on 09.04.2014 holding that the such land is owned by Panchayat and is shamlat deh in terms of Section 2(g)1 of the Act. Two earlier judgments reported as Tek Ram and others v. Gram Sabha, Manakpur and others, 1976 PLJ 628 and Shiv Charon Singh and others v. Gram Panchayat Narike and another : 1977 PLJ 453 have been noticed by this Court in CWP No. 7185 of 2014, titled as Inder Singh and others v. State of Punjab and others, decided on 25.04.2014.