DAVINDER SINGH Vs. DIRECTOR RURAL DEVELOPMENT

JUDGEMENT

(1.) The petitioner has prayed for the issuance of a writ in the nature of Certiorari for quashing of the order dtd. 9/3/2017 passed by the District Development and Panchayats Officer-cum-Collector, Panchayat Land, S.B.S. Nagar by which a petition filed under Sec. 7 of the Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Punjab) (for short 'the Act') by the Gram Panchayat of Village Malikpur, Tehsil Nawanshahr, District S.B.S. Nagar for seeking eviction of the petitioner from the land measuring 16 marlas falling in Khewat No. 187/189, Khatoni No. 257, Khasra No. 74 and Khasra No. 96 and 73 being part of Village pond and toilets (Shamlat deh) has been allowed and the order dtd. 24/8/2018 by which the statutory appeal filed by the petitioner has been dismissed by the Director, Rural Development and Panchayats, Punjab (exercising the powers of the Commissioner).

(2.) In brief, the case set up by the petitioner is that a resolution was passed by the Gram Panchayat/respondent No. 3 on 21/12/2011 in which it was resolved that the land falling in Khasra No. 73 (2 Kanal) of village pond and Khasra No. 74 (01 Kanal) of the toilets be exchanged with the petitioner and Jarnail Singh Son of Khazan singh of the land falling in Khasra No. 13//16 to the extent of one kanal out of toilets area falling in Khasra no. 74 and 9 marla out of Khasra no. 73 of the land of pond.

(3.) It was also resolved that the case be prepared and sent to the authorities for approval. It is alleged that thereafter another resolution was passed on 24/7/2014 by the Gram Panchayat to the same effect and a copy of the resolution was sent to the DDPO for approval. It is further alleged that on 1/8/2012, BDPO, Nawanshahr wrote a letter to the DDPO, SBS Nagar for necessary approval of the aforesaid resolutions. However, it is an admitted fact that no approval was granted by the Government before any exchange could have taken place between the petitioner and respondent No. 3.