RAMJI DASS Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner has laid challenge to the order dated 19.3.2015 passed by Joint Development Commissioner (IRD), Punjab in exercise of powers of Commissioner-cum-Appellate Authority under the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'Act'). Vide the said order, the Appellate Authority has allowed the appeal filed by respondent-Gram Panchayat of village Basantpura, Tehsil Rajpura, District Patiala against an order dated 5.2.2008 of the Collector-cum-Divisional Deputy Director, Rural Development Punjab, Patiala.

(2.) The controversy pertains to land measuring 54 bigha 12 biswas situated within the revenue estate of village Basantpura. The petitioner claimed ownership rights and filed a declaration petition to this effect under Section 11 of the Act, inter alia, on the ground that the petitioner/his predecessors are in possession since the year 1952 and as per the nature of the land, it is excluded from the definition of Shamlat Deh under Section 2 (g) of the Act.

(3.) The Collector allowed the above stated claim vide order dated 5.2.2008.