Punjab-Haryana High Court
Balbir Singh And Others vs State Of Haryana And Others on 22 May, 2023
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
CWP No. 11200 of 2023 -1- 2023:PHHC:073973-DB
In the High Court of Punjab and Haryana at Chandigarh
CWP No. 11200 of 2023
Date of Decision: 22.5.2023
Balbir Singh and others .....Petitioners
Versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE KULDEEP TIWARI
Present: Mr. Vikram Singh, Advocate
for the petitioners.
Mr. Raman Sharma, Addl. A.G., Haryana.
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SURESHWAR THAKUR, J. (ORAL)
Factual Background
1. The Sarpanch of Gram Panchayat, Gaganheri, Tehsil Mulana Barara, District Ambala, issued, upon the petitioners herein the notices dated 10.4.2023 (Annexure P-1 to Annexure P-9) drawn under Section 24(1) of the Haryana Gram Panchayati Raj Act, 1994 (in short 'the 1994 Act"). The contents of the said notices are extracted hereinbelow:-
"x x x x x You are hereby served with notice under Section 24(1) of Haryana Panchayati Raj Act 1994 and ordered that within 7 days from 10.4.2023 upto 16.4.2023, remove the encroachment. In case you have any objection to the order of the panchayat then you can appear before the Panchayat on 16.4.2023 at 10 A.M. at Old Age Home and give your explanation/defence and if you have any documentary proof then that may be presented. GURPREET SINGH However, in case you are not present on the date fixed then Panchayat will take necessary further action, as per law." 2023.05.25 09:30 I attest to the accuracy and authenticity of this order/judgement
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2. The Gram Panchayat concerned, further issued notices dated 17.4.2023 under Section 24(2) of the 1994 Act, upon the petitioners to remove the possession uptil 23.4.2023.
3. That in lieu of the notices (supra), the Social Education and Panchayat Officer, Saha (Ambala), had issued letter dated 1.5.2023 to the District Development and Panchayat Officer, Ambala (Annexure P-14) with regard to providing of police assistance as well as for the appointment of Duty Magistrate. Further, District Development and Panchayat Officer, Ambala, issued letter dated 2.5.2023 to the Sub Divisional Officer (Civil), Brara (Annexure P-15), and, thereafter Sub Divisional Officer, Brara, issued letter dated 2.5.2023 to District Magistrate, Amabala (Annexure P-16) regarding providing the police assistance to the Gram Panchayat concerned.
Submissions of the learned counsel for the petitioners.
4. Learned counsel for the petitioners submits, that the petitioners cannot be evicted by issuance of notices under Section 24 of 'the 1994 Act', especially when the remedy available to the aggrieved concerned, is to through a petition cast under Section 7 of the Haryana Village Common Lands (Regulation) Act, 1961 (for short 'the 1961 Act') before the learned Collector concerned, thus seek eviction of the encroachers concerned, from the disputed land. However, instead of recoursing the remedy available to the Gram Panchayat concerned, yet notices under Section 24(2) of 'the 1994 Act' have been untenably issued against the petitioners, rather for evicting them from the disputed land(s). Thus, they are led to institute thereagainst the instant writ petition, hence for seeking the quashing(s)/settings aside, of the afore letters (supra), as well as the notice(s) (supra). GURPREET SINGH 2023.05.25 09:30 I attest to the accuracy and authenticity of this order/judgement
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Inference of this Court.
5. Since this Court while deciding CWP-19864-2020 and CWP- 4656-2022 (Annexure P-17), had summarized the hereinafter principles, which but cover the common thereto(s) questions of law, as are also involved in the present writ petition.
(i) The exercising of jurisdiction by the Gram Panchayat concerned, through recoursing the relevant mandate(s) of Section 24 of the 1994 Act, may be a validly adopted recourse, but only when prior to the makings of the apposite notice, a valid demarcation of the sites concerned, is conducted, and, such notice is validly served upon the respondents concerned.
(ii) The consequent thereto drawing(s) of actions against the encroachers concerned, who raise constructions, upon the vacant places within the abadi deh, may also be a validly drawing action(s), but only when even prior thereto a valid demarcation of the sites concerned, is conducted by competent Revenue Officer:
(iii) The proceedings drawn under Section 24 of the 1994 Act, are summary in nature, thus recourse thereto may be avoided by the Gram Panchayat concerned, especially when evidence in respect of the lands concerned, falling within or outside the ambit of the apposite inclusionary clause, is required to be adduced, and, when such evidence may surface, not in summary proceedings, but may surface in fully contested proceedings, launched under Section 7 or 11 of the Haryana Village Common Land (Regulation) Act, 1961.
Conclusion
6. Thus, in view of the above summarized principles, it can be safely concluded, that when the proceedings drawn under Section 24 of 'the 1994 Act', are but summary in nature, and, when but evidence, in respect of encroachments being made upon the petition lands, may not surface in the GURPREET SINGH 2023.05.25 09:30 said summary proceedings, but may surface only in fully contested I attest to the accuracy and authenticity of this order/judgement CWP No. 11200 of 2023 -4- 2023:PHHC:073973-DB proceedings, launched under Section 7 or 11 of the 1961 Act. Therefore, the drawings of Annexure P-14 and Annexure P-15, besides the issuance of notice(s) (supra) are construable to be made with the completest lack of application of mind and rather are rendered in a cryptic, slipshod and in an ill informed manner.
Final order of this Court.
7. For the reasons (Supra), the impugned orders (Annexure P-14 and Annexure P-15), as well as notice(s) (supra), are quashed and set aside. However, the Gram Panchayat concerned, may hence though a petition cast upon under Section 7 or 11 of the 1961 Act, before the Collector concerned, hence seek the eviction of the encroachers concerned, from the lands concerned, rather than through the drawings of notices(supra), and, or through the drawings of Annexures P-14 and P-15. On such a petition being filed before the Collector concerned, the latter shall but in accordance with law, and, after an opportunity of hearing being given to all the concerned, hence make a decision thereons rather positively within six months of its preferment. Till the said petition becomes instituted, thereupto the parties are directed to maintain status-quo, as of today, in respect of the disputed land. In case, the above petition becomes instituted before the Collector concerned, thereupon the respondents thereins, may institute an application therein claiming an apposite interim relief, and, thereons a lawful order shall be promptly passed by the Collector concerned, but after granting an opportunity of hearing to all the concerned. However, it is clarified that the quashing of the order(s) (Annexure P-14 and Annexure P-15), besides notice(s) (supra) shall not be construed as an influencing consideration, by the Assistant Collector First Grade concerned. GURPREET SINGH 2023.05.25 09:30 I attest to the accuracy and authenticity of this order/judgement
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8. With the afore observations, the petition stands disposed of.
(SURESHWAR THAKUR) JUDGE (KULDEEP TIWARI) JUDGE May 22, 2023 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GURPREET SINGH 2023.05.25 09:30 I attest to the accuracy and authenticity of this order/judgement