GURDAWARA SAHIB Vs. JOINT DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of certiorari quashing, order dated 3.2.1993 (Annexure P-7), passed by Joint Development Commissioner (IRD), exercising the powers of Commissioner under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the 1961 Act") Counsel for the petitioner submits that the Joint Development Commissioner (IRD) has dismissed the appeal filed by the Gurdawara Sahib against the order passed by Collector-cumDivisional Deputy Director, Panchayats, without assigning any reasons founded, whether in law or in fact. A perusal of the impugned order reveals that though the appellate authority has accepted that land was in possession of the Gurdawara Sahib, before 26.1.1950 but has, surprisingly, held that as the Gurdawara Sahib is neither recognised by the Shiromani Gurdawara Parbandhak Committee (for short "the SGPC") nor is it registered as a Society, the land is likely to be misused and, therefore, cannot be declared as the ownership of the Gurdawara Sahib. The reasons are not only perverse and arbitrary but are not founded upon any legal principle. The appellate authority was required to determine, after examining Section 2(g) and 4(3)(ii) of the 1961 Act, whether, the land in dispute, is included in or excluded from "shamilat deh" but has dismissed the appeal without considering relevant jamabandis which record the possession of the Gurdawara even before 26.1.1950.

(2.) Counsel for the private respondents, while conceding that he is unable to support the reasons assigned by the appellate authority, submits that as the Gurdawara Sahib has not been able to prove exclusion of the land in dispute under any of the clauses of Section 2(g) or Section 4(3)(ii) of the 1961 Act, the writ petition may, therefore, be dismissed as the land, in dispute, is clearly recorded as "shamilat deh" and vests in the Gram Panchayat. We have heard counsel for the parties and perused the impugned order.

(3.) The petitioner filed application under Section 11 of the 1961 Act, which was decided by the Collector, by holding as follows:-