AJIT SINGH Vs. CHHATTER SINGH AND OTHERS

JUDGEMENT

(1.) This petition has been filed praying for quashing the orders dated 2.12.2010 (Annexure P-3) passed by Sub Divisional Officer (Civil)- cum-Assistant Collector 1st Grade, Jhajjar -respondent No.5, whereby, the petitioner has been ordered to be evicted and orders dated 31.01.2012 and 28.02.2014 (Annexures P-4 and P-5) passed by Collector, Jhajjar and Commissioner Rohtak Division, Rohtak (respondents 4 and 3, respectively), upholding the order of eviction passed in proceedings under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act').

(2.) Respondent No.1, a co-villager of the petitioner filed a petition under Sec. 7 of the Act alleging that the petitioner had encroached upon Panchayat land of village Sundrehti and that he be evicted from the said land. After due enquiry and obtaining report of the Local Commissioner, it was found that the petitioner had encroached upon about 77 square yards comprised in Khasra No.192+355 of Gram Panchayat land and accordingly, vide order dated 12010 passed by the Sub Divisional Officer (Civil)- cum-Assistant Collector 1st Grade, Jhajjar, he was ordered to be evicted therefrom. The order was affirmed by the Collector and the Commissioner (respondents No.4 and 3), respectively. Aggrieved, the petitioner has filed the present petition.

(3.) While not disputing the fact of encroachment to the extent as indicated in the impugned orders, Ld. Counsel for the petitioner only submitted that he has been using the land since 1990 and he has constructed two pucca rooms and veranda besides a kitchen, a cattle-shed and garage thereon. He had purchased the nearby land through a sale-deed dated 20.7.1990 and has constructed his house upon the said land. The land in dispute is part of Gair Mumkin Gher. It has never been used for common purposes and because of the construction raised, there is no obstruction of free flow of traffic. He states that he is ready and willing to purchase the land in accordance with Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964, as applicable to the State of Haryana. Reliance has been placed on decisions of this Court in The Gram Panchayat of village Kalta Vs. State of Haryana and another, 2014(4) RCR(Civil) page 20 (P & H) DB and Vinod Kumar Vs. Assistant Collector Ist Grade, Kurukshetra and ors, 2014(4) RCR(Civil) page 21 (P & H) DB, to contend that it would be permissible for the Gram Panchayat to sell non-cultivable land to inhabitants of the village, who have raised construction on that land and are in settled possession for long and where there is no hindrance to the free flow of traffic or there is no other detriment to the inhabitants of the village.