Posted On by &filed under High Court, Punjab-Haryana High Court.


Punjab-Haryana High Court
Daljit Singh vs Joint Development Commissioner on 1 September, 2000
Author: R Anand
Bench: R Anand, K Garewal


JUDGMENT

R.L. Anand, J.

1. Daljit Singh and others, petitioners have filed this petition under Articles 226/227 of the Constitution of India, for the issuance of a writ of cer-tiorari for quashing the impugned orders Annexures P-1 and P- 2, passed by the Collector and the Commissioner respectively, whereby the application of the Gram Panchayat under Seclion 7 of the Punjab Village Common Lands (Regulation) Act, was allowed by the Collector and this order of the Collector was confirmed by the Commissioner. Both the authorities has held that the suit land was Shamlat Deh as per Jamabandi for the year 1990-91 and is being used for common purposes and the same has been described as such in the revenue record. The orders of the authorities have been challenged by the petitioners on the ground that the Gram Panchayat had no jurisdiction to move an application under Section 7 of the said Act as the land does not fall within the definition of Shamlat Deh. Learned counsel further submitted that the petitioners have built a house overthe land in question and they have been residing there for the last about 20 years. The total area over which the house is constructed is only 1 Bigha. The Commissioner has not returned any finding with regard to the construction of the house. We are of the considered view that there is no merit in this case.

2. The only point which required determination by the authorities was whether the land was Shamlat Deh in the revenue record or not. This land has been shown as Shamalt Deh within the meaning of Section 2(g) of the Act. In these circumstances it was for the defendants to show that they are in possession of the land for a sufficient long time and they have constructed a house. There is no such evidence. Learned counsel further submitted that the petitioners are ready to purchase the land as they have constructed the house over it. We cannot compel the Gram Panchayat to sell the land in favour of the petitioners. In our view a person who is in authorised possession of the Shamlat land, must vacate the land and must hand over the possession to the Gram Panchayat so that the same can be used for common purposes. Petitioners are always at liberty to approach the Gram Panchayat and it is for the Gram Panchayat to consider whether it would like to transfer the land unauthorisedly occupied by the petitioners in their favour or not. We find no illegality or impropriety in the impugned orders. There is no merit in the writ petition and the same is dismissed in limine.

3. Petition dismissed.


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