MUKHTIARA Vs. COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the Assistant Collector 1st Grade, Kaithal dated 27.3.1980 as confirmed by the Collector, Kurukshetra in his order dated 28.10.1980.

(2.) THE Gram Panchayat Duliani filed an application before the Assistant Collector 1st Grade, Kaithal under Section 7(1)(2) of the Punjab Village Common Lans (Regulation) Act, 1961 (for short 'the Act') alleging that the petitioner has encroached upon the common land and he was liable to be evicted from the same. The said application was taken on file by the Assistant Collector 1st Grade, Kaithal. An order of eviction was passed on 22.11.1978. The petitioner filed an appeal challenging the said order and the matter was remanded by the Collector, Kurukshetra to the Assistant Collector 1st Grade, Kaithal with a direction to make spot inspection and then decide the matter. Thereafter, the Assistant Collector 1st Grade, Kaithal took up the matter, inspected the land and held that on 7 marlas of land, the petitioner constructed one pucca house in Khasra No. 115/1, as also there was boundary wall of hedges around the house. The Assistant Collector 1st Grade, Kaithal further directed that the land on which the house was constructed, may be assigned to the petitioner at the double of the rate of the market price and further directed the ejectment of the petitioner from the remaining land. The Collector, Kurukshetra in his order dated 28.10.1980, confirmed the order of Assistant Collector 1st Grade, Kaithal but modified the price, to be paid by the petitioner in respect of the land in his possession.

(3.) THE learned counsel for the petitioner contended that the petitioner has been in possession of the land in question prior to 1976 and even assuming that the land is shamilat deh which is adjacent to his own abadi land and, therefore, the provisions of section 2(g)(v)(vi) of the Punjab Village Common Land, (Regulation) Act, 1961 will apply and it has to be treated that the land under his occupation is not included in shamilat deh and he further contended that he raised the question of title and it is mandatory on the part of the Assistant Collector 1st Grade, Kaithal to decide the question of title in the first instance before passing the order of eviction. He also submitted that the petitioner is ready to pay the market price of the land in his occupation.