Punjab-Haryana High Court
Suresh Chand And Others vs The Commissioner on 24 September, 2012
Bench: Rajive Bhalla, Rekha Mittal
LPA No.1188 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No.1188 of 2011
Date of Decision: 24.09.2012
Suresh Chand and others ..... Appellants
VERSUS
The Commissioner, Rohtak
Division, Rohtak and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present: Mr.V.K.Jindal, Advocate, for the appellants.
Mr.D.Khanna, Addl.A.G., Haryana,
for respondents No.1 to 3.
Mr.R.S.Budhwar, Advocate, for respondent No.4.
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RAJIVE BHALLA, J. (ORAL)
The appellants were ordered to be evicted pursuant to orders passed under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to the State of Haryana). The writ petition filed by the appellants was dismissed. During pendency of the appeal, as the appellants had constructed houses, the Gram Panchayat offered to allot an alternative 100 square yards plot to each appellant, in accordance with a policy framed by the State of Haryana, under Rules 12 and 13 of the Punjab Village Common Lands (Regulation) Rules, 1964 (as applicable to the State of Haryana). On 17.09.2012, counsel for the appellants prayed for time to file affidavits, accepting the offer made by the Gram Panchayat. Appellants No.1, 4 LPA No.1188 of 2011 -2- to 11, 13 to 21, 27, 28, 31, 32, 33, and 36 to 49, have filed affidavits in Court, today, which are taken on record. A perusal of the affidavits reveals that the appellants have accepted the offer made by the Gram Panchayat of Village Kutana, Tehsil Ballah, District Karnal, for allotment of an alternative 100 square yards plot to each of the appellant.
It would be appropriate to point out that appellants No.2, 3, 12, 22 to 26, 29, 30, 34, 35, 37 and 41 have not filed their affidavits. Counsel for the appellants states that these appellants would file their affidavits, before the Gram Panchayat within 15 days. The operative part of these affidavits reads as follows: -
"2. That the Gram Panchayat of Village Kutana Tehsil Ballah District Karnal has offered plots of 100 sq. yards in lieu of the land in possession of the appellants. Wherein, he has already constructed his house. The Gram Panchayat has further promised not to dispossess the appellants from the land in question till the plot of 100 sq. yards is allotted to the appellants. The appellant is fully satisfied. He undertakes to deliver the vacant possession of the land after getting the possession of the plot of 100 sq. yard offered by the Gram Panchayat. The plot may please be allotted in his name."
Counsel for the Gram Panchayat accepts the correctness of these affidavits and submits that in view of the affidavits filed by appellants No.1, 4 to 11, 13 to 21, 27, 28, 31, 32, 33, and 36 to 49, the appellants' case for allotment of alternative 100 square yards plots to each, would be considered in accordance with law, within three months. In case the appellants are allotted plots, they would be required to vacate the land, presently in their possession.
We have heard counsel for the parties.
LPA No.1188 of 2011 -3-In view of the compromise between the parties and while affirming orders of ejectment, we dispose of the appeal by directing the Gram Panchayat to consider the case of each appellant for allotment of an alternative 100 square yards plots, within 3 months, and if, found eligible, ensure that the process of allotment is completed and possession is delivered within 3 months, thereafter. The appellants, who have not filed affidavits may file their affidavits before the Gram Panchayat, within 15 days. Till such time, as the matter with respect to allotment and delivery of possession of alternative 100 square yards plots is not finalised, the appellants shall not be dispossessed from the land in their possession. Upon finalisation of the matter, the appellants shall, however, be obliged to hand-over the vacant possession of land in their respective possession, to the Gram Panchayat, within 15 days.
[ RAJIVE BHALLA ]
JUDGE
24.09.2012 [ REKHA MITTAL ]
shamsher JUDGE