LALA RAM Vs. COLLECTOR, KURUKSHETRA AND OTHERS

JUDGEMENT

(1.) The petitioner challenges orders dated 09.03.1992 and 20.05.1992, passed by the Assistant Collector, Ist Grade, Kurukshetra and the Collector, Kurukshetra, respectively, ordering the petitioner's eviction and dismissing his appeal.

(2.) Counsel for the petitioner submits that the land, in dispute, abuts the petitioner's house and was allotted to the petitioner's predecessors as a bara, during consolidation. The petitioner has been using the land for storing fodder/firewood and tethering cattle. Even otherwise, as the land, in dispute, is situated within abadi deh, the Gram Panchayat has no right, title or interest much less any right to seek the petitioner's eviction. As an alternative argument, counsel for the petitioner states that in case the impugned orders are affirmed, the petitioner may be granted an opportunity to approach the Gram Panchayat, under Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as the 'Rules') (as applicable to the State of Haryana), for purchase of the land, in dispute.

(3.) Counsel for the Gram Panchayat (respondent No.3) submits that even if it is accepted that the petitioner has been using the land, in dispute, for storing fodder/firewood and for tethering of cattle, the act of storing fodder/firewood and tethering of cattle is a mere act of user that does not translate into a possessory title or a proprietary right that can be protected. The land being vacant land within the Abadi Deh of the village vests in the Gram Panchayat, under Section 2(g)(4a) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act") (as applicable to the State of Haryana). The petitioner has no rights, title or interest in the land and has, therefore, rightly been ordered to be evicted.