Counsel agreed that while title is pending before the Deputy Commissioner, eviction orders under Section 7 cannot be executed. The court affirmed the impugned order on this basis.
Eviction orders under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 stayed until adjudication of title.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.11459 of 2012 (O&M) Decided on: 08.02.2013
Gurmail Singh & another
.... Petitioners
versus
Director, Rural Development & Panchayat, Punjab and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. J.S.Bhandohal, Advocate for the petitioners.
Mr. Rajinder Goyal, Addl. AG, Punjab for respondent No.1.
Ms. Naiya Gill, Advocate for respondent No.2.
Rajive Bhalla, J.(Oral)
Counsel for the parties agree that as a question of title is pending adjudication, before the Addl. Deputy Commissioner-cumCollector, Mohali, the present petition may be disposed of by affirming the impugned order but by clarifying that eviction orders passed under Section 7 shall be executed only after decision on the question of title.
In view of agreement between counsel for the parties, the impugned orders are affirmed and the writ petition is disposed of by directing that summary orders of eviction, passed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 shall not be executed till such time as the question of title, pending between parties is not decided by the Addl. Deputy Commissioner-cumCollector, Mohali exercising powers of Joint Development Commissioner, Punjab. Needless to say the Collector-cum-Addl. Deputy Commissioner shall not be influenced by findings regarding
CWP No.11459 of 2012
-2-
title, recorded under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961.
(Rajive Bhalla) Judge
08.02.2013 (Rekha Mittal) sonia Judge
1 issue framed by the court
Whether summary eviction orders passed under Section 7 of the Act should be executed when the right to title is pending adjudication before another authority.
1 provisions across 1 enactments
Gurmail Singh
Director, Rural Development & Panchayat, Punjab
Rajive Bhalla
Rekha Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
