JAGIR SINGH Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The interpretation of Section 2(g)(vi) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act'), as it exists after the Haryana Act No. 2 of 1981, by which the Act was amended, falls for consideration in this writ petition.

(2.) In order to appreciate the law points, brief facts deserve to be kept in view.

(3.) Gram Panchayat of village Mirzapur filed an application before the Assistant Collector under Section 7(2) of the Act for ejecting Jagir Singh from 9 Marlas comprised in Khasra No. 156 and 3 Kanals 17 Marlas comprised in Khasra No. 158. On receipt of notice Jagir Singh disputed title of Gram Panchayat. He pleaded that on the land in dispute house was built long time back and by virtue of Section 2(g)(vi) of the Act, since the house was built on a piece of land, which was outside the abadi deh, it stood excluded from Shamilat deh. The Assistant Collector came to the conclusion that the house built by Jagir Singh existed on 9 Marlas comprised in Khasra No. 156 and regarding the remaining land he found that the same was Shamilat and was not covered by any of the exceptions. As a result the possession of the house was maintained but order of eviction was passed in regard to 4 Kanalas 17 Marlas of land.