HARDAYAL SINGH Vs. JOINT DEVELOPMENT COMMISSIONER PUNJAB

JUDGEMENT

(1.) The present writ petition has been filed challenging the orders passed by the Collector, Jalandhar on an application filed by the Gram Panchayat under Section 7 of the Punjab Village Commons Lands Act, 1961 (hereinafter to be referred as `the Act') seeking the vacation of un-authorised possession of the petitioner from a Panchayat Gali and the orders passed by the Commissioner dismissing the appeal as also an application filed for reviewing the order rejecting the appeal in the absence of the counsel for the applicant.

(2.) The Gram Panchayat of Village Damounda, Tehsil and District Jalandhar filed an application under Section 7 of the Act pointing out that the petitioner had encroached upon a village road (Gali) by constructing a wall thereon. The result was that people were facing great difficulty in going up and down on this account. Moreover, a drain built by the Panchayat in the year 1991 in this area was also blocked and the flow of dirty water in the village had stopped, as a result of which the same had accumulated at the site causing great hardship to the villagers. It was also pointed out that an electric pole had also been put at the site which was encroached upon.

(3.) When the application came up before the Collector, it was decided with the following order:-