Ram Kumar vs The Collector

Jasbir Singh, J.—By filing this writ petition, challenge has been made to an order dated 31.3.1994 (P-2), vide which, in appeal filed by respondent No. 3, the petitioners were ordered to be evicted from 2 marlas of land, falling in Khasra No. 218/1. As per facts on record, respondent No. 3-Bhoop Singh filed an application u/s 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short ''the Act'') seeking ejectment of the petitioners, from the above small piece of land.

It was alleged that the petitioners are in possession of more than 5 marlas of land, under ownership of the Gram Panchayat. However, during demarcation, authenticity of which was doubted by the petitioners, they were found in possession of 2 marlas of land falling in Khasra No. 218/1. It transpires that they had merged that small piece of land into their adjoining land, falling in Khasra No. 362. The parties led evidence and after looking into the demarcation report and statements made by the witnesses, the Assistant Collector 1st Grade, vide order dated 14.7.1993, dismissed application, filed by respondent No. 3.

It was noticed that measurement done at the spot was not correct and further that application has been filed due to enmity between the parties. The Gram Panchayat has not come forward to seek ejectment of the petitioners, from that land: It was found, as a matter of fact, that over the land in dispute, which is situated next to the land owned by the petitioners, they had constructed their house.

Against above order, respondent No. 3 went in appeal, which was allowed, vide the impugned order dated 31.3.1994. When reversing order passed by the competent authority, in the impugned order, it was observed as under :-

After thoroughly hearing the arguments of the counsel for both the parties and perusing the documentary evidence produced on the file it becomes clear that order dated 14.7.1993 passed by the Assistant Collector 1st Grade, Narnaul is not based on facts and the order dated 4.7.1992 passed by the previous Assistant Collector 1st Grade, Narnaul is not based on facts and the order dated 4.7.1992 requires no inference; The Jamabandi for the year 1988-89 and the demarcation report Ex. PX dearly proves that Khasra No. 218/1 is Gair Mumkin pond which is owned by the Panchayat and 2 marlas of land of this. Khasra has been included by the respondents with the land of their own Khasra No. 362 and thereby has occupied the said portion illegally. Hence, the appeal of the appellant is accepted, the order dated 14.7.1993 passed by Assistant Collector 1st Grade, Narnaul is set aside and find no force in the same and the respondents are ordered to be ejected from the disputed land.

When ordering ejectment of the petitioners, reliance was placed upon the demarcation report prepared by the Local Commissioner. The petitioners'' objection to the said report was not considered. Matter was decided in a summary manner, without discussing evidence on record and plea taken by the petitioners, that they had constructed their house in their own land and have not encroached upon the Gram Panchayat''s land.

Be that as it may. At the time of hearing, counsel for the petitioners very fairly stated that let the petitioners be presumed to have merged 2 marlas of land'' in their adjoining land, it may be an error of judgment, at the time when they constructed their house thereupon. It is stated that this small piece of land be sold to the petitioners, as per the provisions of Rule 12 (4) of the Punjab Village Common Lands (Regulation) Rules, 1964. (in short ''the Rules'').

In view of the aforementioned statement, we are not going further into merits of the case. Taking note of a fact that a small piece of land is involved and the petitioners are in settled possession of the same for the last more than many decades, at this stage, it will not be appropriate to dislodge them, by ordering demolition of their construction.

Rule 12(4) of the Rules clearly provides that the Gram Panchayat may, with the prior approval of the state Government, sell its non cultivable land to the inhabitants of the village, who have constructed their houses on or before 31.3.2000, not resulting into any obstruction in the free flow of traffic. Such like individuals can purchase upto 200 square yards of land.

In the present case, the land involved is less than the prescribed limit. The petitioners'' land is situated next to the land in dispute. It appears that when constructing their house, may be due to some error of measurement, they have merged this small piece of land into their adjoining land. Under the circumstance, we dispose of this writ petition. Order under challenge dated 31.3.1994 (P-2), is set aside. However, the Gram Panchayat is directed to pass a resolution to sell land in dispute, to the petitioners against price, as mentioned in Rule 12(4) of the Rules, and on depositing the amount and after passing that resolution, the Gram Panchayat shall send it for former approval of the Government.