CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: October 23, 2008. Parties Name Krishan Lal and others ..PETITIONERS VERSUS State of Punjab and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Ramesh Goyal, Advocate, for Mr. A.K. Ahluwalia, Advocate, for the petitioners. Mr. Amol Rattan Singh, Addl. A.G., Punjab, for respondent No. 1, 4 and 5. Mr. Sukhmeet Singh, Advocate, for Mr. J.S.Bhandohal, Advocate, for respondent No. 2 Mr. A.K.Jindal, Advocate, for respondent No. 3. Mr. Arun Jain, Senior Advocate, with Mr. Amit Jain, Advocate, for respondents No. 6 to 9. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -2- T.S.THAKUR, CHIEF JUSTICE (oral) Order. This order shall dispose of writ petitions No. 4825 of 2006, 16080 of 2006, 9649 of 2006 and 13688 of 2006, filed in public interest. It shall also dispose of writ petitions No. 7139 of 2006 and 5489 of 2007, which relate to the same property and which give rise to issues that are somewhat inter-related. In the petitions, filed in public interest viz writ petition No. 4825 of 2006 and connected matters, the petitioners have prayed for a mandamus directing the respondents to protect the Panchayat and Shamlat land from what they have described as “Land Mafia”, that has cast its covetous eye over the property in question. The petitioners have also prayed for directions to the official respondents to hold a high level enquiry into the matter involving illegal sale and purchase of Shamlat land and take steps for protecting the said land for the benefit of the residents of the Panchayat area. In the connected writ petitions No. 7139 of 2006 and 5489 of 2007, the petitioners, who claim to be Pattedars of village Bhankerpur, have prayed for a mandamus directing the Deputy Commissioner of the area to hold an enquiry into the illegal and fraudulent handing over of the Shamlat land of Pattis to some of the respondents, who happen to be builders, in consideration of crores of rupees, allegedly paid to them by respondents No. 4 to 8 in the said petitions. They have also prayed for a direction to respondents No. 1 to 4 in the said petitions to initiate legal CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -3- action against respondents No. 5 to 8 for abusing their statutory powers and position and permitting Shamlat land to be misused and fraudulently sold for extraneous considerations. A direction to respondents No. 1 to 4 in the said petitions is sought to ensure that Shamlat land of the Patti is administered by respondents No. 5 to 8 only for the benefit of the co-sharers of the village in accordance with Wazib Ul Arz. In response to notices issued by this Court in writ petition No. 4825 of 2006 and connected matters, filed in public interest, the Deputy Commissioner, SAS Nagar, has filed an affidavit, inter alia, stating that an area measuring 394 Kanals in different Khasra numbers of village Bhankerpur, is Shamlat land, vested in the Gram Panchayat Bhankerpur, tehsil Dera Bassi, district SAS Nagar. It is further alleged that the Sarpanch of the said Gram Panchayat did not protect the immovable property of the Gram Panchayat and was accordingly suspended by the Director, Rural Development and Panchayats, Punjab. The District Development and Panchayat Officer, SAS Nagar, was appointed as an Administrator to look after the immovable property of village Bhankerpur and to file cases for eviction of those unauthorisedly occupying any part of the said land. Proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, were accordingly initiated against the encroachers in the Court of Collector (Common Land), SAS Nagar. The service of notices in the said proceedings has also been completed and the respondents directed to file their written-statements. The affidavit goes on to state that Joginder Singh, Sarpanch of Gram Panchayat Bhankerpur, had connived with Jasbir Singh, Harpal Singh, Jai Singh and Harcharan Singh, Lambardars to execute what is described as “illegal agreements” with CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -4- private persons for selling the Shamlat land measuring 394 Kanals, belonging to Gram Panchayat, Bhankerpur. The Deputy Commissioner had taken note of the said attempt to sell Panchayat land and directed the Senior Superintendent of Police, SAS Nagar, to get a criminal case registered against the persons, named above. The SSP, SAS Nagar, has, in turn, informed the Deputy Commissioner that FIR No. 75 dated June 25, 2008, under Sections 420/120-B IPC has been registered in Police Station Dera Bassi against the aforementioned persons, which matter is presently under investigation by the said Police Station. Appearing for the petitioners in writ petition No. 4825 of 2006 and connected matters, Mr. Ramesh Goyal strenuously argued that the total area, which constitutes Shamlat land in village Bhankerpur, measures about 400 Acres and that the said area was being looked after by respondents No. 6 to 9 in the said petition as Lambardars of the village, who are now falsely claiming that they are the owners of the said land since generations past. It was further argued that as the prices of land, situate in Zirakpur and Dera Bassi areas, have gone considerably high, the Lambardars have started entering into agreements to sell in relation to different parcels of land to different property dealers and developers. The Sarpanch of Gram Panchayat of village Bhankerpur is, according to Mr. Goyal, lending a helping hand to the Lambardars in his nefarious deeds It was further contended by the learned counsel, on the basis of Jamabandis for the year 2000-01, that the land in question is indeed Shamlat land, which is vested in the Gram Panchayat and could not, therefore, be allowed to be sold or misused by any individual for his personal gains. Inasmuch as the respondent – State and its functionaries had failed to prevent such illegal alienation of valuable land, CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -5- belonging to the Panchayat, they had committed a palpable error and impropriety that called for appropriate action in public interest in the present proceedings. He , therefore, prayed for a mandamus directing the official respondents to protect the Panchayat and Shamlat land from what is alleged to be a land Mafia that is eyeing this area for personal gains. On behalf of the respondent – State of Punjab and its officers Mr. Amol Rattan Singh argued that the Deputy Commissioner has already initiated appropriate action not only by directing registration of a criminal case against those meddling with the land in question but also by initiating proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. He submitted that the steps already taken were sufficient to prevent illegal sale and transfer of village Panchayat land and that any further direction on the subject would be unnecessary keeping in view the steps already taken. He contended that S.D.M., Dera Bassi, has by an order dated March 30, 2007, directed the Tehsildar, Dera Bassi, that no document / instrument of sale, executed by the Lambardars, be registered in respect of any portion of the land, mutated in the name of the Gram Panchayat, as per Jamabandi for the year 1975-76. The order has further directed the Tehsildar to discourage sale by individual co-sharers till each one of them has got determined his/ her share in the said land by appropriate/ competent authority and till such time the dispute with Gram Panchayat regarding the ownership of the land is settled by the competent Court or authority. He submitted that in the light of these measures, the present petitions could be disposed of leaving the parties free to participate in the proceedings, already initiated before the Collector (Common Land), SAS Nagar. CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -6- Appearing for respondents No. 6 to 9 in writ petition No. 4825 of 2006 Mr. Arun Jain argued that the said respondents are not executing any sale deed in respect of any part of the land that belongs to the Pattedars and that they had already approached the Collector (Common Land) under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, for determination of their title to the land. Mr. Gurna appearing for the petitioners in Writ Petitions No. 7139 of 2006 and 5489 of 2007 argued that land measuring 394 Kanals 7 Marlas is jointly owned by the co-sharers of four Pattis of village Bhankerpur. Relying upon the entries made in the relevant revenue record, Mr. Gurna submitted that the land in question is not Panchayat land as alleged by the petitioners in the public interest petitions and that the petitioners in writ petitions No. 7139 of 2006 and 5489 of 2007 were entitled to a mandamus directing the Collector of SAS Nagar to order an enquiry into the illegal handing over of Shamlat land of Pattis by respondents No. 5 to 8, who happen to be Lambardars of the said village, to private builders and colonizers. It was also argued by Mr. Gurna that the State authorities had by use of their powers under the statutory provisions helped the Lambardars in effecting illegal transfers of the land in question. We have given our careful consideration to the submissions made at the Bar and perused the record. The primary question that falls for consideration in these petitions is whether the land, situate in village Bhankerpur, measuring , according to the petitioners, over 400 Acres is Panchayat / Shamlat land and whether there is any attempt to sell or illegally transfer the said land to the detriment of the residents of the said Panchayat area. According to the affidavit filed by Mr. Rahul Bhandari, Deputy CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -7- Commissioner, SAS Nagar, an area measuring 394 Kanals is Shamlat land and belongs to Gram Panchayat Bhankerpur. The affidavit, as seen earlier, also refers to certain proceedings that have been initiated against illegal occupants of the said land under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. No fault can be found with the steps taken by the Deputy Commissioner as any illegal encroachment or occupation of what is village Panchayat land must be dealt with in accordance with the provisions of the Act and illegal occupation and encroachment, if any, got removed. The question, however, is whether the extent of land that is village Panchayat/ Shamlat land is limited to 394 Kanals , as mentioned in the affidavit of the Deputy Commissioner or more. According to the petitioners in writ petition No. 4825 of 2006, the total extent of Panchayat / Shamlat land in village Bhankerpur exceeds 400 Acres. We are in these proceedings in no position to determine the extent of land that is Shamlat / Panchayat land, which is a matter that must be examined and suitably determined by the Deputy Commissioner concerned. It also goes without saying that in case the Deputy Commissioner comes to the conclusion that the total Panchayat and Shamlat land measures much more than 394 Kanals, as referred to in the affidavit filed by the Deputy Commissioner, SAS Nagar, any illegal occupation or encroachment over the said land would also have to be suitably taken note of and removed in accordance with the procedures established by law. Any legal proceedings against the occupants would give them an opportunity to claim and establish their title in terms of Section 11 of the Punjab Village Common Lands (Regulation ) Act, 1961. That is precisely what Jai Singh, Jasbir Singh, Harpal Singh and Harcharan Singh, respondents No. 6 to 9, in writ petition No. 4825 of 2006 have done CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -8- by approaching the Collector (Common Land) under Section 11 of the Act. This is true even in regard to petitioners in connected writ petitions No. 7139 of 2006 and 5489 of 2007, in which the said petitioners claim to be Pattedars entitled to retain their share of the property in their own right. Whether or not the Pattedars have any title to the property which they are claiming to be in their occupation or which they have transferred to any third party either by sale or in terms of any agreements of sale, are matters which cannot be satisfactorily determined in these proceedings. Proper course for the petitioners in the said two writ petitions also is to approach the competent authority under Section 11 of the Punjab Village Common Lands (Regulation) Act, mentioned earlier, for determination of their respective rights. To the credit of Mr. Gurna we must mention that he had no objection to the petitioners' approaching the competent authority under Section 11 of the Act aforementioned provided the interim directions issued by this Court on May 9, 2006, in writ petition No. 7139 of 2006 are continued for a period of two months. It was submitted by him that since a serious question of title of the land would arise for determination before the competent Court, it would be in the fitness of things if the interim protection, granted by this Court against alienation of the land is extended till such time the proceedings were concluded by the competent authority. We see no reason to decline that prayer. In case the petitioners in writ petitions No. 7139 of 2006 and 5489 of 2007 do approach the competent authority within a period of two months with a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, claiming title to any part of the land, the interim order against alienation of the land in question would continue till such time the said proceedings are concluded in CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -9- accordance with law. In the result, we allow these petitions but only in part and to the following extent: 1. The Deputy Commissioner, SAS Nagar, shall expeditiously examine and determine the total extent of village Panchayat / Shamlat land in village Bhankerpur. 2. Upon determination of the said question based on revenue records available to the Deputy Commissioner, he shall have appropriate proceedings under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, initiated against those, in unauthorised occupation of any part of the land. These proceedings shall be in addition to the proceedings, already instituted against other occupants under Section 7, to which the Deputy Commissioner has referred in the affidavit, filed in this Court. 3. The petitioners in writ petitions No. 7139 of 2006 and 5489 of 2007 shall be free to apply to the Collector (Common Land), SAS Nagar, under Section 11 for determination of any right, title or interest in any part of the land found to be village Panchayat/ Shamlat land by the Deputy Commissioner. If such an application is moved within two months from today, the interim directions regarding maintenance of status quo as regards nature, title and possession of the land in question shall continue till such time the entire controversy is CIVIL WRIT PETITION NO. 4825 OF 2006 (O&M) -10- resolved by the competent authority in accordance with law. All pending applications shall also stand disposed of in terms of the above order. The parties to bear their own costs. ( T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) October 23 , 2008. JUDGE DKC