PUNJAB WAKF BOARD Vs. JOINT DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) THIS judgment shall dispose of C.W.P. Nos. 6303 and 12915 of 2006 as both the petitions arise from the impugned order dated 16.3.2006 passed by Joint Development Commissioner. The facts are being taken from CWP No. 12915 of 2006 (Punjab Wakf Board v. Joint Development Commissioner and others).

(2.) PUNJAB Wakf Board has filed the present writ petition for quashing of order dated March 16, 2006 passed by Joint Development Commissioner (exercising the powers of Commissioner) vide with the appeal filed by Gram Panchayat has been allowed and order the June 13, 2005 passed by Additional Deputy Commissioner (Development)-cum-Collector, Hoshiarpur has been set aside. The Commissioner has further directed the respondents to vacate the land and hand over the possession to Gram Panchayat before April 30, 2006.

(3.) ADDITIONAL Deputy Commissioner (D) exercising power the Collector, held that the Punjab Wakf Board is the owner of the property in dispute and the claim of the Gram Panchayat was dismissed. Later on the Gram Panchayat filed appeal under Section 11(2) of the Act in which operation of order passed by ADC (D) was stayed till further orders. Meanwhile C.W.P. No. 17446 of 2005 was filed by respondents 4 to 6 in which the following, order was passed :