GRAM PANCHAYAT, DHOURANG Vs. JAGAN NATH

JUDGEMENT

(1.) The Gram Panchayat of village Dhourang, District Yamuna Nagar is aggrieved by the order dated 14.12.1993 passed by the Collector, Yamuna Nagar whereby the appeal filed by respondent No. 1 against the eviction order dated 04.02.1993 of the Assistant Collector 1st Grade was allowed and eviction petition of the Gram Panchayat filed under Section 7 of the Punjab Village Common Lands [Regulation] Act, 1961, as applicable to the State of Haryana, was dismissed. The order dated 03.05.1994 [P-3] whereby the Commissioner, Ambala Division dismissed the Gram Panchayat's revision petition being not maintainable, is also assailed.

(2.) The petitioner Gram Panchayat vide resolution dated 30.06.1992 resolved to initiate eviction proceedings against the unauthorised occupants of its land comprised in Khewat No. 324, Khatoni No. 164min[1-11]. Respondents No. 1 and 2 were also amongst those against whom eviction proceedings were initiated. It is evident from the order of the A.C.I.G. Dated 04.02.1993 [P-1] that he held the court proceedings summarily on one day, i.e., 22.01.1993 in village Dhourang and recorded the statements of some prominent persons including Member Panchayat, Ex-Sarpanch and Lamberdar etc. It was then concluded that respondent No. 1 who had constructed a residential house in the year 1988, was in unauthorized possession of land measuring 1 kanal 11 marlas. The eviction order was accordingly passed.

(3.) The first respondent approached the Collector, Yamuna Nagar who allowed the appeal vide order dated 14.12.1993 after taking notice of the facts that [i] the first respondent had purchased the said land by way of registered sale deed; [ii] the revenue record which could not be produced before the Assistant Collector for want of any opportunity and was brought on record before the Appellate Authority, revealed that the subject land was recorded as Gair Mumkin house and Court-yard; [iii] the land is situated outside abadideh and most of the houses were constructed thereupon prior to 12.02.1981 when Section 2[g][vi] substituted vide Haryana Act No. 2 of 1981.