JARNAIL SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) LEARNED counsel for the parties are agreed that an eviction petition was filed by respondent No. 1 i.e., Gram Panchayat Mahan Singh Wala, against the petitioners seeking their ejectment from land owned by the Gram Panchayat under section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Common Lands Act"). The petitioners, during the course of the determination of the application filed by the Gram Panchayat Mahan Singh Wala, asserted their ownership over the land in question based on an order passed by the consolidation authorities dated 24.9.1996. It would be pertinent to mention that the aforesaid order had been passed by the consolidation authorities in exercise of powers vested in them under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. Since the issue of title could not have been adjudicated upon by the consolidation authorities, respondent No. 1 i.e., the Gram Panchayat Mahan Singh Wala, moved an application under Section 11 of the Common Lands Act, for a declaration to the effect that the Gram Panchayat was owner of the land in question. The Collector,Sangrur, adjudicated upon the aforesaid controversy by an order dated 23.12.1998 (Annexure P2). The Collector, Sangrur, arrived at the conclusion that the Gram Panchayat was the owner of the land in question. Having done so, the Collector,Sangrur, also recorded the following observations while disposing of the application filed by the Gram Panchayat Mahan Singh Wala under section 11 of the Common Lands Act :-

(2.) IT is the vehement contention of the learned counsel for the petitioners,that proceedings under section 7 of the Common Lands Act, are separate and distinct from the proceedings under section 11 of the said Act. While adjudicating upon the controversy raised by the Gram Panchayat village Mahan Singh Wala, under section 11 of the Common Lands Act, the Collector, Sangrur, had no jurisdiction whatsoever to further determine the issue of ejectment. This, according to the learned counsel for the petitioners, could have been determined in furtherance of the proceedings initiated by the Gram Panchayat Mahan Singh Wala under section 7 of the Common Lands Act.

(3.) FOR the reasons recorded hereinabove, we are satisfied that part of the order of the Collector, Sangrur, dated 23.12.1998 (Annexure P2) already extracted in the opening paragraph of this order deserves to be expunged therefrom. Ordered accordingly.