SURAJ BHAN Vs. DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) On 30.3.1993, the Gram Panchayat Barona filed an ejectment application against the petitioner under Sec. 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act), alleging therein that the petitioner has illegally encroached upon some area of Khasra No. 33/100, which was reserved in the consolidation for Harijans Chopal and vests in the Gram Panchayat. In the said proceeding, it was found that under the direction of the Hon'ble Supreme Court, issued in the year 1987, the petitioner was allowed 3 feet wide street out of the land of Harijans Chopal after payment of compensation, and in compliance of the said direction, the Block Development and Panchayat Officer allowed 3 feet wide street to the petitioner. However, subsequently, the petitioner illegally encroached upon 5 feet land, as shown in red colour in the site plan, which was annexed with the application as Ex.A2, and constructed a bath room thereon. Thus, contrary to the directions issued by the Hon'ble Supreme Court, the petitioner had widened the street by 8 feet instead of 5 feet. Therefore, vide order dated 29.3.1994. Annexure P -2, passed by the Assistant Collector, 1st Grade, Sonepat, the petitioner was ordered to be ejected from the encroached portion of the Harijans Chopal i.e. 5 feet in width and 40 feet 3 inches in length, which was shown in red colour in the site plan by letters ABCD in the site plan.

(2.) Against that order, the petitioner filed an appeal before the Collector, Sonepat, which was disposed of vide order dated 22.9.1994. Annexure P -3, by observing that during the course of arguments, the petitioner and his brother have admitted ownership of the Gram Panchayat and requested to purchase the encroached portion as the Block Development & Panchayat Officer has reported that the encroachment made by the petitioner is not obstructing any kind of passage. On the basis of these facts, the petitioner was directed to get a resolution passed from the Gram Panchayat for transfer of the land in question and to get the proceedings for purchase completed within six months, failing which they will be treated as dispossessed from the land in question.

(3.) Thereafter, no step was taken by the petitioner to get the land transferred in his favour. In the year 2001, some residents of the village made a representation to the Deputy Commissioner. Sonepat to the effect that the petitioner had encroached upon land of the Harijans Chopal and he was ordered to be ejected from the said land subject to the condition of the passing of resolution by the Gram Panchayat within a period of six months, but no resolution has been passed by the Gram Panchayat and approved by the competent authority, therefore, the ejectment order be got implemented. Simultaneously, the petitioner also filed representation to the Deputy Commissioner to the effect that in view of the order dated 22.9.1994, he has deposited price of the land with the Gram Panchayat, therefore, the Gram Panchayat be directed to execute the sale deed in his favour regarding the disputed portion.