AMAR SINGH Vs. COLLECTOR, YAMUNANAGAR AND OTHERS

JUDGEMENT

(1.) The question that arises for consideration in the instant case is whether private respondents No.4 to 7 have encroached upon 16 Marlas phirni land which vests in the Gram Panchayat?

(2.) The petitioner filed a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 as applicable in State of Haryana against the private respondents alleging the above-stated encroachment. The Assistant Collector Ist Grade, Yamuna Nagar, held that as per the spot inspection carried on 06.01.1996 in presence of the parties and the demarcation report dated 24.04.1993, the respondents had encroached upon the phirni land. Consequently, the eviction order was passed.

(3.) The private respondents went in appeal and the Collector, Yamuna Nagar, vide order dated 21.10.1997 (wrongly typed as 21.05.1997 in Annexure P-4) held that it is a case of mis-location of phirni as there was a difference of 7 karams between the phirni and and the metalled road constructed at the site. The appeal was thus allowed and the eviction petition was dismissed.