BACHAN SINGH Vs. DISTRICT DEVELOPMENT AND PANCHAYAT OFFICER

JUDGEMENT

(1.) - Bachan Singh and others, petitioners, have filed this petition to challenge the orders dated 26.10.2006 (Annexure P-3) and dated 28.12.2007 (Annexure P-1) whereby the application filed by the Gram Panchayat under Rule 20-A of Punjab Village Common Land Regulation Rules, 1964, (for short, "the Rules"), imposing the damage of Rs. 7,20,000/- are challenged.

(2.) GRAM Panchayat, respondent, filed an application under Section 5 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1975 for eviction of Nand Singh, father of the petitioners. The District Development and Panchayat Officer, Amritsar, ordered the ejectment of father of the petitioners on 25.3.1983. The appeal filed against the said order was dismissed by the Joint Development Commissioner on 28.2.1985. While dismissing the appeal, liberty was granted to the Panchayat to claim damages for unauthorised occupation by the father of the petitioners.

(3.) THE petitioners have been in occupation of 52 Kanals 5 marlas of the land belonging to the Gram Panchayat. This land was taken on lease by father of the petitioners and the period of lease expired on 4.4.1975. The father of the petitioners however, did not vacate this land and the lease in his favour was not extended. It is in this background that order of his ejectment was made on 25.3.1983. Despite that the possession of the land was not handed over to the Gram Panchayat, which ultimately was claimed in execution after police help on 14.7.2005. The Gram Panchayat, thus, would point out that the petitioners had remained in possession of this disputed land for over a period of 30 years and have enjoyed the fruit without paying any lease money or otherwise compensating or paying damages to the Gram Panchayat. To respond to the contention that provisions of Rule 20-A would not be applicable, it is pointed out that no such plea was taken before the authorities which passed the impugned order and as such, the petitioners can not be permitted to raise this plea for the first time before the writ Court.