Brima vs State of Haryana and others

S.S. Sodhi, J.(Oral)

Proceedings under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) were initiated against the petitioner for his ejectment from the land in question under section 7 of the Act on the ground that this land vested in the Gram Panchayat and the petitioner was in unauthorised possession thereof. In these proceedings the Assistant Collector came to the finding that the petitioner was indeed in unauthorised occupation of this land and consequently directed his ejectment, by his order of December 6, 1974 (Annexure P.1). This order was upheld in appeal by the Collector on March 24, 1975 (Annexure P.2). The further appeal filed against the order of the Collector was dismissed in default by the Commissioner, Ambala Division by his order dated August 8, 1975 (Annexure P.3).

According to the petitioner a question of title had been raised in these proceedings inasmuch as he had claimed that this land belonged to him and did not vest in the Gram Panchayat. In the petition as filed, the vires of the relevant provisions of the Act had been challenged. In The Karnal Cooperative Farmers Society Ltd., Pehowa v. Gram Panchayat Pheowa and others, 1976 P.L.J. 237, the provisions of Section 13A of the Act were held to be ultra vires. To remedy this defect the Legislature enacted a validating Act namely the Punjab Village Common Lands (Regulation) Haryana Amendment Act, 1980 whereby the existing sections 13A and 13B of the Act were omitted and were substituted by the new provisions of Sections 13A and 13B which provide for adjudication with regard to the claim of title to land and appeal and revision therefrom.

The provisions of the Amending Act in the context of a question of title being raised in proceedings under the Act came up for consideration in Tara Chand v. Gram Panchayat, 1979 P.L.J. 1, where it was held that when a question of title is raised the appropriate procedure to be adopted, by the Assistant Collector is either to convert himself into a Tribunal under section 13B of the Act and to proceed thereafter in accordance with the procedure laid down for determination of title or to ask the petitioner raising the question of title to move an appropriate petition before him under section 13B of the Act. Proceedings under section 7 of the Act being kept in abeyance till final determination of the question of title raised before him under section 13B of the Act.

According to the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 as they now stand clearly the appropriate forum and proceedings for determining the question of title raised by the petitioner is the Assistant Collector following the procedure as laid down under section 13B of the Act. As in the present case the petitioner had raised a question of title it must follow that the Assistant Collector should proceed to determine, this question in accordance with law, and consequently the impugned orders of the Assistant Collector (Annexure P.1) and of the Collector (Annexure P2) cannot be sustained and are thus hereby quashed. The parties are directed to appear before the Assistant Collector, Gohana, on 15th December, 1982. The authorities concerned shall proceed thereafter to deal with the matter in accordance with law.

This writ petition is accordingly accepted. In the circumstances, however, there will be no order as to costs.