Punjab-Haryana High Court
Gurcharan Singh vs Joint Development Commissioner & Ors on 12 March, 2024
Bench: Sureshwar Thakur, Lalit Batra
Neutral Citation No:=2024:PHHC:035269-DB
2024:PHHC:035269-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
203 CWP-4956-1999 (O&M)
Date of Decision: 12.03.2024
Gurcharan Singh
....Petitioner
Versus
Joint Development Commissioner and others
....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE LALIT BATRA
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Present: Mr. Jai Bhagwan, Advocate for the petitioner.
Mr. Maninder Singh, Deputy Advocate General, Punjab.
Mr. S.P.Soi, Advocate and
Mr. Animesh Sharma, Advocate
for respondent No.3.
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Sureshwar Thakur, J. (Oral)
1. Learned counsel appearing for the parties before this Court are ad
idem that the concurrently made verdicts of eviction as respectively embodied
in Annexure P-8 and in P-10, are devoid of jurisdictional competence
becoming vested in the statutory authorities, who made them, as they become
recorded by the Authority constituted under the Punjab Village Common
Lands Act, 1961 (hereinafter in short to be referred as 'the Act of 1961'),
whereas, qua jumla mushtarka land, the relevant motion was to be laid before
the Authority envisaged under the Punjab Gram Panchayat (Common
Purposes Lands) Eviction and Rent Recovery Act, 1976 (hereinafter in short
to be referred as 'the Act of 1976').
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2. Moreover, they are ad idem that the jurisdictional competence to
make an adjudication upon a petition of eviction in respect of lands detailed in
the revenue records as 'jumla mushtarka malkan', rather becomes vested
in the statutory authorities contemplated under the Act of 1976.
3. Accepting the above made submissions before this Court by
counsel for the petitioner and the counsel for the Gram Panchayat concerned,
this Court after accepting the writ petition proceeds to quash the impugned
annexures, but leaving liberty to the Gram Panchayat concerned, to forthwith
institute a petition under the relevant provisions of the Act of 1976, before the
competent authority as contemplated thereins. The said eviction petition shall
be ensured to be lawfully decided, but within three months from its preferment
but after hearing all the affected persons concerned.
4. This Court while making the above conclusion finds support from
the judgments rendered by this Court, in case titled as "Ashwani Kumar and
others v/s Director, Rural Development and Panchayats, Punjab and others"
and "Lakhbir Singh and another v/s State of Punjab and another", to which
becomes respectively assigned Civil Writ Petition No.4789 of 2013 and Civil
Writ Petition No.15332 of 2014. The decisions made on the said civil writ
petitions, expostulate that in respect of lands detailed in the revenue record, as
'jumla mushtarka malkan', thus the jurisdiction to make an adjudication upon
the eviction petition becomes vested not in the authority constituted under the
Act of 1961, but becomes vested in the authority constituted under the Act of
1976.
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5. Disposed of accordingly along with all pending applications, if
any.
(SURESHWAR THAKUR)
JUDGE
12.03.2024 (LALIT BATRA)
Varinder Prashad JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:035269-DB
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