RAM SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner though at the time of institution of these proceedings, also questioned the vires of Sections 2 and 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the 1961 Act') as amended by Haryana Amendment Act, 1991 vide Act No.9 of 1992 but now has confined his challenge only to the order dated 14.12.1993 whereby the Gram Panchayat's appeal was allowed and he has been ordered to be ejected from the land measuring 3 kanal 13 marla situated within the revenue estate of Village Asan Kalan, Tehsil and District Panipat.

(2.) The facts are to the following effect. The suit land bearing khasra No.230 was recorded under the ownership of "Thola Guhla, Hasab Hissa Mandarja Shajra Nasab". An entry to this effect finds mentioned in the jamabandi for the year 1962-63 as well as in the latter jamabandi till the year 1977-78 and 1981-82, when in the column of ownership entry was made in favour of the Gram Panchayat in the light of the amended provisions of the 1961 Act. The dispute between the Gram Panchayat and the petitioner, however, has to be determined with reference to the entries as were existing prior to the year 1977-78.

(3.) The respondent-Gram Panchayat filed eviction petition under Section 7 of the 1961 Act alleging that the petitioner was in unauthorized occupation of the subject land. It was averred that the suit land was property of Thola Gulha and was reserved for a common purpose, namely, to set up Kohlu (sugarcane crusher) but the petitioner had encroached upon it and constructed a building.