Civil Writ Petition No.5741 of 2011(O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.5741 of 2011(O&M) Date of Decision:- November 25, 2011 Ajay Kumar and others ...Petitioners Versus Financial Coimmissioner, Haryana,Chandigarh and others ...Respondents CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE PARAMJEET SINGH Present: Mr.Jaivir Yadav, Advocate, for the petitioners. Satish Kumar Mittal, J. (Oral) The legal representatives of Ram Singh have filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order dated 30.3.2006 passed by the Assistant Collector Ist Grade, Kosli, whereby on an application filed by one Hoshiar Singh, a resident of the village, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, the petitioners were ordered to be evicted from the land in dispute which is a part of passage comprising Khasra No.184; as well as the orders dated 10.11.2006, 25.3.2010 and 15.12.2010, whereby the appeal and revisions filed by the petitioners against the aforesaid order, were dismissed by the Collector, Commissioner and Financial Commissioner, respectively. We have heard the learned counsel for the petitioners and gone Civil Writ Petition No.5741 of 2011(O&M) -2- through the impugned orders. As per the revenue record, Khasra No.184 is a two karam wide passage, whereas khasra No.344 is a three karam wide passage. In the application it was alleged that the petitioners have encroached upon the said passage by raising illegal construction. The Assistant Collector Ist Grade, on the basis of demarcation report of Tehsildar, Kosli dated 9.3.2006 found that the petitioners have illegally encroached upon passage No.184 to the extent of 2' x 9' towards north of Khasra No.184 and 60-1/2' x 60-1/2' towards south side of the said Khasra number. The said order was upheld by the Appellate and Revisional authorities while coming to the conclusion that the order of eviction of the petitioners is based upon the demarcation report conducted by the Tehsildar, Kosli. Learned counsel for the petitioners, while referring to the copy of the site plan attached with the demarcation report, which has been annexed with the petition as Annexure P-6, has argued that the petitioners have made no encroachment upon passage No. 184. He has stated that the area of the said passage has been given in the revenue record as 6 Marla. If that area is taken into consideration, then the petitioners have not encroached upon any area of the said passage. A perusal of the site plan (Annexure P6) clearly reveals that the passage bearing No.184 is 2 karams wide which touches the second passage bearing No.344, which is 3 karam wide. In between the passages the petitioners have made encroachment on the passage bearing No.184. From the demarcation report as well as site plan produced before us, we are satisfied that on the basis of that documents the authorities under the Act have rightly ordered the eviction of the Civil Writ Petition No.5741 of 2011(O&M) -3- petitioners from the part of the passage which they had illegally encroached upon. In the impugned order, it has been clearly mentioned that Tehsildar, Kosli has verified the demarcation report at the time of spot inspection made by the Assistant Collector Ist Grade in presence of all the parties. Since a finding of fact has been recorded with regard to illegal encroachment by the authorities on the basis of demarcation report and spot inspection, we do not find any illegality in the same and find no ground to interfere in the same. Dismissed. (SATISH KUMAR MITTAL) JUDGE November 25, 2011 (PARAMJEET SINGH) vkg JUDGE