Punjab-Haryana High Court
Gram Panchayat vs Joint Development Commissioner Punjab ... on 20 February, 2014
Bench: Hemant Gupta, Fateh Deep Singh
CWP No.1536 of 1998 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision:20.02.2014
CWP No.1536 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1537 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjabetc. ...Respondents
CWP No.1538 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1539 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjabetc. ...Respondents
CWP No.1540 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1541 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Sharma Aarti
2014.03.01 10:59
I attest to the accuracy and
integrity of this document
CWP No.1536 of 1998 -2-
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1542 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1543 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1544 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1545 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1546 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1547 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Sharma Aarti
2014.03.01 10:59
I attest to the accuracy and
integrity of this document
CWP No.1536 of 1998 -3-
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1548 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1549 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1550 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjabetc. ...Respondents
CWP No.1551 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1552 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1553 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Sharma Aarti
2014.03.01 10:59
I attest to the accuracy and
integrity of this document
CWP No.1536 of 1998 -4-
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1554 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1555 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1556 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1557 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1558 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1559 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Sharma Aarti
2014.03.01 10:59
I attest to the accuracy and
integrity of this document
CWP No.1536 of 1998 -5-
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1560 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1561 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1562 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1563 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1564 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1565 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Sharma Aarti
2014.03.01 10:59
I attest to the accuracy and
integrity of this document
CWP No.1536 of 1998 -6-
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1566 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1567 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1568 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1569 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1570 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1571 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Sharma Aarti
2014.03.01 10:59
I attest to the accuracy and
integrity of this document
CWP No.1536 of 1998 -7-
Joint Development Commissioner Punjab etc. ...Respondents
CWP No.1535 of 1998
Gram Panchayat, Village Dhanpuri ....Petitioner
Tehsil and District Patiala
Versus
Joint Development Commissioner Punjab etc. ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE FATEH DEEP SINGH
Present: Mr. Jatinder Singla, Advocate
for the petitioner(s).
Mr. Gurcharan Singh, Advocate
for the private respondents.
HEMANT GUPTA, J. (ORAL)
This order shall dispose of aforementioned writ petitions, as similar questions of law and facts are involved in all the writ petitions. However, for the facility of reference, the facts are being taken from CWP No.1536 of 1998, wherein challenge is to an order dated 14.05.1997 passed by the learned Commissioner in proceedings initiated by the private respondent(s) under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (For short, the Act). The learned Collector dismissed the application holding that private respondents could not prove their possession prior to 26th January, 1950 to seek exclusion in view of Section 2
(g)(vi) of the Act. However, the appeal was allowed by the Commissioner.
In appeal the learned Commissioner returned a finding that land in question is described in revenue record as 'Shamlat Sharma Aarti 2014.03.01 10:59 I attest to the accuracy and integrity of this document CWP No.1536 of 1998 -8- deh Hasad Rasad Zar Khewat' and, therefore, does not vest in Panchayat.
The question whether the land described in the revenue record as Shamlat deh Hasad Rasad Zar Khewat would vest in Panchayat, is required to be examined in view of the recent Full Bench judgment of this Court in CWP No.2318 of 2002 titled as 'Parkash Singh and others Vs. Joint Development Commissioner, Punjab and others' decided on 18.11.2013.
In view of the said fact, the order passed by the Commissioner is set aside and the matter remitted back to the Commissioner to decide the question whether the land in question would vest with Panchayat or not, in accordance with law.
The writ petition stands disposed of accordingly.
(HEMANT GUPTA) JUDGE (FATEH DEEP SINGH) JUDGE 20.02.2014 aarti Sharma Aarti 2014.03.01 10:59 I attest to the accuracy and integrity of this document