SATBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner impugns the eviction order passed against him under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, at the instance of respondent No.5 and which has been further upheld by the Appellate and Revisional authorities.

(2.) The authorities have concurrently held that the petitioner has encroached upon 7 marlas land comprising Khasra No.350 which vests in Gram Panchayat. The plea taken by the petitioner was that the demarcation conducted by Kanungo suggesting the encroachment on the gair mumkin rasta was conducted behind his back. The Revisional Authority turned down this plea after taking notice of the fact that the case was earlier remanded by the Collector on 25.11.2008 and thereafter, fresh demarcation was conducted. The demarcation report is either signed or is thumb-marked by the parties in certification of their presence. The fresh demarcation report dated 30.03.2010 of Naib Tehsildar, Pataudi also held the petitioner in illegal possession of the public passage.

(3.) Since the petitioner was making hue and cry that demarcation was not conducted in accordance with law, this Court vide order dated 15.12.2014 appointed a Local Commissioner at the petitioner's expenses and the revenue authorities were directed to carry out fresh demarcation in the presence of the Local Commissioner.