DALBIR KAUR Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) The issue raised in the present petition is in regard to the locus of respondent No. 3 to file an application seeking eviction of the petitioner from the land of Gram Panchayat, which was allegedly in an unauthorised possession of the petitioner.

(2.) ON an application filed by respondent No.3, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short, "the Act"), notice was issued to the petitioner as well as Gram Panchayat. The petitioner raised a plea that respondent No.3 had no right to file an application under Section 7 of the Act and that he was a co-owner of Khasra No. 922 and 923 where his father had constructed a house. On the request of respondent No.3, a Local Commissioner was appointed, who submitted his report on 8.8.2005. The petitioner filed objections against this report and mainly contended that he had constructed a house for the last 60 years. The Assistant Collector came to the conclusion that the land in dispute was in the ownership of Gram Panchayat and was reserved for gair mumkin chappar. As per the demarcation report, the petitioner had encroached upon the disputed land i.e. 6 marlas by raising construction. The appeal filed by the petitioner before the Commissioner is also dismissed. The Commissioner also observed that the petitioner and the Sarpanch were conniving with each other. As per the Commissioner, the Sarpanch should have defended on behalf of the Gram Panchayat, who not only failed to defend but filed reply favouring the petitioner. The petitioner has accordingly impugned these orders through the present writ petition and has primarily raised submission that respondent No.3 was not competent to file this application under Section 7 of the Act and that such application was not maintainable.

(3.) BY referring to the provisions of Section 7 of the Act, counsel for the petitioner submits that only Panchayat or an officer duly authorised in this behalf by the State Government by general or a special order can file application before the Collector under this Section. Section provides that the Panchayat and the officer duly authorised by the State Government can file the application before the Collector for putting the Panchayat into the possession of a land or other immovable property in shamlat deh of the village. Ordinarily, the persons mentioned in the Section may be held entitled to file the application under the section, but this provision may not fully regulate those cases where Panchayat or a person authorised to file application are seemed to have connived with the person in illegal or unauthorised possession of the land or immovable property. In other words, this provision cannot be read to mean that the persons mentioned therein alone would have locus to file application seeking eviction and removal of encroachment. This conclusion may be inescapable when the provisions of Section 7 are read with the provisions of Section 11 of the Act. These two Sections apparently regulate and operate in the same field. Proviso to Section 7 can be referred to seek support in this regard. It is provided in the proviso that if after receipt of the application and before the Panchayat is put in possession of the land, a question of right, title or interest in such land or property is raised by any person and prima facie case is made out in support thereof, then the Collector shall direct the person who has raised such question to submit his claim under Section 11 of the Act. It can, thus, be safely taken that both the Sections basically operate in the same field.