JAGMAL SINGH Vs. COMMISSIONER, AMBALA DIVISION

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE dispute in the case relates to 5 marlas of land comprised in Rectangle No. 8 Khasra No. 17/2 situated in the revenue estate of village Hartaul, Tehsil Jagadhari, Distt. Yamuna Nagar. As per the Jamabandi for the year 2002-03 (Annexure R5/1), the said land is recorded under the Column of ownership as "Panchayat Deh", in the column of cultivation, "Rafa-i-am" is recorded and the kind of land is mentioned as "Gair Mumkin Panchayat ghar".

(3.) AFTER giving my thoughtful consideration to the matter it may be noticed that Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964 ("Rules" - for short) envisages that the Gram Panchayat may with the prior approval of the State Government sell its non-cultivable land in Shamlat Deh to the inhabitants of the village who have constructed their houses on or before 31.3.2000, not resulting in any obstruction to the traffic and passers-by, along with open space upto 25% of the constructed area or an appurtenant area upto a maximum of 200 sq. yards at not less than the Collector rate. The Gram Panchayat has passed two resolutions dated 11.3.2004 (Annexure R1) and 27.1.2009 (Annexure R2) in this regard. In the resolution passed on 11.3.2004 (Annexure R1) it has been resolved that in respect of the case pending between the parties in the Court of Assistant Collector Grade I, Yamuna Nagar which had been decided on 23.9.2004 (Annexure P1), the Assistant Collector Grade I has ordered that an amount @ Rs. 150/- per sq. yard be got deposited which was the Collector rate from the unauthorized occupant and a penalty of Rs. 1,000/- had been imposed. As per the order passed by the Court, an amount of Rs. 23,5000/- including 22,500/- as collector rate plus Rs. 1000/- as penalty was got deposited from the petitioner. Thus, the Gram Panchayat resolved that registration of sale of aforesaid five marlas" land be executed in favour of the petitioner. Vide resolution dated 27.1.2009 (Annexure R2) it was resolved that the Gram Panchayat would have no objection in accepting the value of the land nor would there be any hurdle to the path etc. after accepting the value of the land.