Disposed

Mahender & Anr. v. State of Haryana & Ors.

Punjab & Haryana HC6 Nov 2015CWP/19372/2015

Case brief

AI extract

What is this about?

Held that since authorities found petitioners in unauthorized possession of Gram Panchayat Chaupal land and petitioners refused to bear Local Commissioner expenses, no interference was called for. The Court observed that petitioners may file a suit under Section 13-A to contest title if they are sanguine about it.

What did the court decide?

No interference with impugned eviction orders; petitioners advised to file suit under Section 13-A if asserting title.

Mahender & Anr. Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2015)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

Civil Writ Petition No.19372 of 2015 Date of Decision: November 06, 2015

Mahender and another

....Petitioners

versus

State of Haryana and others .....Respondents

¶7

CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.

¶8

¶9

Present: Ms.Meenakshi Poswal, Advocate, for the petitioners.

¶10

-.-

¶11

Whether Reporters of Local papers may be allowed to see the judgment?

¶12

To be referred to the Reporters or not?

¶13

Whether the judgment should be reported in the Digest?

¶14

¶15

Surya Kant, J. (Oral)

¶16

The petitioners are aggrieved by the orders dated 23.12.2008 (P-1), 29.11.2011 (P-2) and 12.03.2015 (P-3). The first order dated 23.12.2008 is an eviction order passed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana, whereas the subsequent orders pertain to rejection of petitioners' appeal and revision petition against that eviction order.

¶17

The authorities have returned a concurrent finding of fact that the petitioners encroached upon a part of the Gram Panchayat Chaupal, i.e., Community Centre used for common purposes. A further finding is that petitioners have constructed a khurli and hut over the encroached land comprising khasra No.354.

¶18

Before holding the petitioners in unauthorized possession of Gram Panchayat land, it is not in dispute that

¶19

MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

¶20

CWP No.19372 of 2015

¶21

[2]

¶22

Assistant Collector carried out the inspection of site and demarcation was also made.

¶23

Since the petitioners disputed the fairness of that demarcation report, we gave an opportunity to them on 14.09.2015 to bear the expenses of the Local Commissioner to be appointed by this Court for a fresh demarcation. Their learned counsel sought time twice to seek instructions from the petitioners.

¶24

It is stated by learned counsel that the petitioners are not willing to bear the expenses of a Local Commissioner. In these circumstances when the petitioners have been categorically found to be in unauthorized possession of a part of the Chaupal land comprising khsara No.354 which is gair mumkin chaupal, no interference in the impugned orders is called for except to observe that the petitioners, if they are so sanguine about their title, may file a suit under Section 13-A of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana.

¶25

Ordered accordingly.

¶26

Dasti.

¶27

November 06, 2015 [P.B.BAJANTHRI] mohinder JUDGE

¶28

MOHINDER KUMAR 2015.11.18 12:01 I attest to the accuracy and authenticity of this document Chandigarh

Mahender & Anr. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Mahender & Anr. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jaswinder Singh & Ors. Vs State of Haryana & Ors.

Amarjit Singh & Ors. Vs the Addl.Director C/H Pb & Ors.

Surinder Kumar Vig Vs State of Punjab and Ors.

Ankur Bajaj and Ors. Vs Gurnam Singh

Mohan Lal Vs Election Commissioner Haryana etc.

Narindre Singh Vs State of Punjab & Ors.