FACTS:
The Gram Panchayat, Rohar Jagir filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 to evict the appellants herein who had unauthorizedly occupied the aforesaid land. An application was consequently moved before the Deputy Commissioner informing him about the same. It was alleged that the lower officials of the department and even the Gram Panchayat colluded with appellants. Instead of ordering the eviction of these unauthorized occupants, the Collector, Patiala directed the Gram Panchayat to recover the cost of the land as per the Collector’s rates from the appellants.
Appeal was then made to the learned Commissioner against the said order of the Collector. The learned Commissioner held that the appellants illegally constructed their houses at the site without any jurisdiction and without even any resolution of the Gram Panchayat. Against the order of the learned Commissioner, a Writ Petition was filed before the learned Single Judge of the High Court which was dismissed and the judgment of learned Single Judge has been affirmed in appeal by the Division Bench of the High Court. Hence this appeal.
HELD:
The Apex Court held that the appellants were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. The Court further held that the letter dated 26.9.2007 of the Government of Punjab permitting regularization of possession of these unauthorized occupants is not valid.
The Court also referred to the case of Hinch Lal Tiwari v Kamala Devi, AIR 2001 SC 3215 (followed by the Madras High Court in L. Krishnan v State of Tamil Nadu, 2005(4) CTC 1 Madras), wherein it was held that land recorded as a pond must not be allowed to be allotted to anybody for construction of a house or any allied purpose.
The Court dismissed the appeal and before parting with the case gave directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village.
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