Partly allowed

Gurnam Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC16 May 2012CWP/5467/2011

Case brief

AI extract

What is this about?

This bench affirmed eviction orders against petitioners claiming prior land exchange but granted liberty to file a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. Temporary possession status quo was ordered pending the Section 11 claim outcome.

What did the court decide?

Liberty granted to file a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961. Status quo regarding possession maintained.

Gurnam Singh and Ors. Vs State of Punjab and Ors. — Land Acquisition | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *****

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CWP No.5467 of 2011 Date of Decision: 16.05.2012

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***** Gurnam Singh and others Versus State of Punjab and others

. . . .Petitioners

. . . . Respondents

*****

CORAM: HON’BLE MR.JUSTICE RAJIVE BHALLA HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

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*****

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Present: Mr.Sherry K. Singla, Advocate, for the petitioners. Mr.J.S. Puri, Addl. A.G. Punjab Mr.NDS Mann, Advocate, for respondent No.4.

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RAJIVE BHALLA J. (ORAL)

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The petitioners pray for issuance of a writ of certiorari for quashing order dated 16.2.2011 (Annexure P-4) passed by respondent No.2 and order dated 27.7.2010 (Annexure P-1) passed by respondent No.3, ordering their eviction.

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Counsel for the petitioners prays that as they had exchanged the land in dispute, before the Gram Panchayat was granted approval for exchange, the land does not vest in the Gram Panchayat. It is also contended that in view of this plea, the Collector was statutorily obliged to direct parties to file a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’). It is prayed that the petitioners may be granted liberty to file a petition under Section 11 of the Act.

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Counsel for the Gram Panchayat, however, submits that as the Gram Panchayat has already exchanged its land and the exchange has been approved by the Government, the petitioners cannot claim any right, title or interest in the land. It is further submitted that the Gram Panchayat has already taken possession of the land and it is being used as a “hadda, rori” as on date.

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We have heard counsel for the parties, and find no reason to interfere with the impugned orders except to the extent that the summary determination, of the nature of the petitioners’ possession/ownership would not prohibit the petitioners from filing a petition under Section 11 of the Act. The petitioners claim that they exchanged the land in dispute, before the land was exchanged with the Gram Panchayat. As a consequence, while affirming the impugned orders, we grant liberty to the petitioners to file a petition under Section 11 of the Act.

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During pendency of the petition under Section 11 of the Act, parties shall maintain status quo with respect to possession over the land in dispute, as it exists today. Needless to say that if a petition, under Section 11 of the Act is decided in favour of the petitioners, the orders passed under Section 7 of the Act shall be rendered null and void and if the petition under Section 11 of the Act is decided against the petitioners, the orders passed under Section 7 of the Act shall be carried into execution. No order as to costs.

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(RAJIVE BHALLA) JUDGE

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MAY 16, 2012 Vivek

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(RAKESH KUMAR JAIN) JUDGE

Gurnam Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Gurnam Singh and Ors. v. State of Punjab and Ors.

Case brief

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