Ram Kishan vs Collector

Jasbir Singh, J.—This order will dispose of two Civil Writ Petition Nos. 4758 of 2013 and 7556 of 2013, involving same question of law and facts. For dictating order, facts are being mentioned from C.W.P. No. 4758 of 2013. This petition has been filed with a prayer to set aside resolution dated 29.12.2012 (P6), directing the petitioners to vacate land owned by the Gram Panchayat as noted by the Assistant Collector 1st Grade in order dated 27.10.2010 (P1). Further challenge has been laid to orders dated 27.10.2010(P1) and also order dated 29.3.2011 (P2).

As per record, Gram Panchayat filed an application against one Partap Chand for his ejectment from land falling in khasra No. 62. That application was contested by Partap Chand and taking note of demarcation report, his ejectment was ordered on 27.10.2010. When passing that order, the Assistant Collector, 1st Grade, in a very arbitrary manner, ordered that others also, who were not even party before him, found in unauthorized occupation as per the demarcation report, be ejected from the land in dispute and proceedings be initiated. Above Partap Chand went in appeal which was dismissed by the Collector on 29.3.2011.

The petitioner was not a party in those proceedings. No action was taken against him in terms of order, mentioned above. Above said Partap Chand came to this Court by filing C.W.P. No. 20310 of 2011 which was dismissed on 14.11.2011. When that order was passed Partap Chand gave an undertaking that he shall vacate the land within one month. When that undertaking was not complied with by said Partap Chand, contempt petition bearing C.O.C.P. No. 1747 of 2012 was filed by the Gram Panchayat. Notice of motion was issued. During hearing of that contempt application, learned Single Judge noticed a fact that against other illegal occupants, including the petitioner in this case and also one Ghasi Ram, no action has been taken by the Gram Panchayat. It appears that at that point of time to save its skin, the Gram Panchayat passed a resolution on 29.12.2012, directing the petitioner to vacate the land in dispute. As on today, no valid ejectment order in the eyes of law exists against the petitioner. When order dated 27.10.2010 was passed, notice was not sent to the petitioner. He was not heard and in an arbitrary manner, order of ejectment was passed against him. He was also not a party in appeal which was dismissed on 29.3.2011. Above said facts are not disputed by counsel for the Gram Panchayat at the time of arguments.

Under the circumstances, we allow this writ petition, resolution dated 29.12.2012 stands set aside and it is made clear that as no valid order of ejectment exists against the petitioner, he shall not be ejected from the land in dispute. The Gram Panchayat be at liberty to initiate proceedings u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for ejectment of the petitioner from the land under his occupation as per law.

So far as C.W.P. No. 7556 of 2013 filed by Ganga Ram and another is concerned, facts are the same. No valid order of ejectment exists against the petitioners. Taking note of some observations made by this Court in C.O.C.P. No. 1747 of 2012, notice was issued to'' the authorities to show cause as to why action has not been taken against others who were also ordered to be ejected when order was passed against Partap Chand on 27.10.2010. Becoming overzealous, similar resolution which was passed in the case of Ram Kishan, as referred to above, was passed against father of the petitioner in this case, who died on 22.2.2013. The authorities, to show action taken in terms of observations made by this Court in C.O.C.P. No. 1747 of 2012, demolished boundary wall and front portion of the house of the petitioners, whereas notice dated 19.11.2012 pertains only with regard to boundary wall of the house of the petitioner, which, it was stated has unauthorizedly been raised.

We have seen the photographs. Substantial damage has been done to the house of the petitioner. Under the circumstances, when granting similar relief to him as has been granted to Ram Kishan in C.W.P. No. 4758 of 2013, we further direct that B.D. & P.O., to get the loss caused to the petitioners, assessed and thereafter the Gram Panchayat shall be duty bound to compensate the petitioners by making payment of the amount so assessed, The B.D. & P.O. shall do the needful within three weeks from the date of receipt of a copy of this order. On assessment so made, the Gram Panchayat shall disburse the amount within two weeks thereafter to the petitioner.