JAGDEV SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioners are the residents of village babial, tehsil and district Ambala. They are in possession of land measuring seven Kanals and eighteen Marlas incorporated in Khasra No. 228, which is entered in the revenue record as shamilat deh. It is alleged that they have constructed residential houses on this piece of land. The Gram Panchayat, Babial respondent No. 3, filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter called the Act), for their ejectment from this land on the ground that they were in authorised possession of the same. This petition came up for consideration before the Assistant Collector First Grade, Ambala, who vide his judgment dated April, 30, 1966, held that there were houses on the land in question and the provisions of Section 2(g)(vi) of the Act applied to this case and the petitioners were not liable to be ejected from this land. In appeal the Collector, Ambala District, reversed the judgment given by the Assistant Collector First Grade. The second appeal filed by the petitioners was also dismissed by the Commissioner, Ambala Division, on May 22, 1968.

(2.) The plea raised on behalf of the petitioners that there are houses standing on this land has not been controverted in the written statement filed on behalf of respondent No. 3. In Section 2(g)(vi) of the Act, it has been proved that land lying outside Abadi Deh which is used as gitwar, bara, manure-pit or house or for cottage industry is excluded from the operation of the Act. In this view of the matter, no order of ejectment could be passed under Section 7 of the Act. This petition, therefore, deserves to succeed and I order accordingly. The petitioners will bear their own costs. Petition accepted.