Petitioner challenged Wakf Tribunal order dismissing suit for possession. Court found property used for public water supply since 1979. Held petitioner not entitled to possession despite ownership assumptions due to public good usage.
Petition for revision against the Tribunal's order was dismissed.
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Civil Revision No. 4971 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 4971 of 2009 (O&M) Date of decision: 12.3.2012
Punjab Wakf Board
.. Petitioner
v.
State of Punjab and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Denesh Goyal, Advocate for the petitioner.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 21.3.2009, passed by Wakf Tribunal (for short, 'the Tribunal') dismissing the suit filed by the petitioner for possession as well as for recovery of compensation for use and occupation of the land with a further prayer for permanent injunction restraining the respondents-defendants from raising any construction over the land.
Briefly, the facts are that the petitioner filed a suit before the Tribunal claiming possession of the land measuring 42 kanals and 14 marlas in possession of the respondents and also seeking compensation for use and occupation thereof. It was claimed that the respondents were in unauthorised occupation of the land for the last 10 years, where a Water Works had also been constructed. Despite repeated requests, the possession was not handed over to the petitioner.
The stand of the respondents before the Tribunal was that in fact the land in question is owned by the Gram Panchayat. It was given to the respondents for construction of Water Supply Scheme by way of resolution dated 31.7.1975. The construction was completed in the year
Civil Revision No. 4971 of 2009 [2]
1979 and since then it is being used for providing potable water to the residents of the village.
The suit was dismissed by the Tribunal as the petitioner could not produce any material on record to show that in fact it is owner of the suit land. Aggrieved against the order of the Tribunal, the petitioner is before this court.
Learned counsel for the petitioner submitted that the findings recorded by the Tribunal that the petitioner was not the owner of the suit land are erroneous. In fact, vide order dated 23.1.1996, passed by Commissioner, Ferozepur Division, Ferozepur, the order passed by District Collector, Faridkot dated 22.2.1994 was upheld, whereby the mutation of the land was directed to be recorded in the name of the petitioner. In fact, the petitioner was recorded as owner of the land in the jamabandis for the years 1955-56 and 1961-62. Thereafter, a notification was issued on 7.8.1971. The same having not been challenged by any person, in terms thereof the petitioner is the absolute owner of the property.
After hearing learned counsel for the petitioner, I do not find any reason to interfere with the order impugned. As far as the proceedings before the Tribunal are concerned, the petitioner had not produced any evidence, as is sought to be relied upon before this court. Still further, be that as it may, considering the undisputed facts, which have come on record, that the property in question is in use and occupation of the respondents, namely, Department of Public Health, where certain construction had been raised way back in the year 1979 for providing potable water to the residents of the village, in my opinion, even if it is assumed for arguments' sake that the petitioner is declared as owner of the property, it is not entitled to possession thereof, as the property in question is already being used for larger public good.
In view of the above, the present petition is dismissed.
( Rajesh Bindal ) Judge
12.3.2012 mk
Punjab Wakf Board
State of Punjab
Rajesh Bindal
As recorded by the court registry
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