LPA No.2193 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: December 22, 2011 L.P.A. No. 2193 of 2011 (O&M) Sohan Lal and another. ...Appellants Versus State of Punjab and others. ...Respondents L.P.A. No. 2194 of 2011 (O&M) Gurdial Singh ..Appellant Versus State of Punjab and others. ...Respondents CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL, HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. D.S. Gurna, Advocate, for the appellants. Paramjeet Singh, J. This order will dispose of LPA Nos. 2193 of 2011 and 2194 of 2011 arising from Civil Writ Petition Nos. 12035 of 2011 and 12072 of 2011 respectively. The above said Civil Writ Petitions were decided by the learned Single Judge vide common order dated 13.07.2011. The instant Letters Patent Appeals have been filed against order dated 13.07.2011 passed by leaned Single LPA No.2193 of 2011 (O&M) 2 Judge, whereby Civil Writ Petition No. 12035 of 2011 filed by the appellants for quashing of order dated 11.10.2010 (Annexure P/1) passed by the Collector and order dated 21.04.2011 (Annexure P/2) passed by the Commissioner in appeal, dismissing the title suit of the appellants under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) . We have heard learned counsel for the appellants and have gone through the impugned order of learned Single Judge, as well as, the orders passed by the Collector and the Commissioner. Learned counsel for the appellants contended that the appellants are owners of land shown as A, B, C, D, E, situated in Village Haibatpur, Tehsil Dera Bassi, District S.A.S. Nagar, Mohali. In the revenue record, the land has been described as “abadi”. The land does not fall in the definition of “Shamlat deh”. The appellants had constructed their houses which had been forcibly demolished by the Gram Panchayat. The area in question falls within the Lal Lakir. The possession of the appellants through their ancestors being proprietor and permanent residents of the village is continuous for years together prior to 26.01.1950. Admittedly, the land in question is vacant within the lal lakir and, thus, falls within the definition of “abadi”. LPA No.2193 of 2011 (O&M) 3 The land in question is an old Well and is being used as a “Khera”. The Gram Panchayat has built a road around this land with the Government grant. The religious ceremonies are being held in the land in dispute for many decades. The land in question is being used for the benefit of Village Community, it falls within the definition of “Shamlat Deh” as defined in Section 2(g)(4) of the Act. The learned Single Judge has affirmed the concurrent finding of facts recorded by the Collector, as well as, the Commissioner and has observed that the the property in dispute is being used for common purposes for worship, religious festivals and parking for the last so many years, and the appellants have not placed any material to show their ownership either before this Court or before the authorities. However, it has been categorically observed that the appellants have failed to produce any document such like electricity bill or water connection to show their long standing possession. It would be appropriate to mention here that application under Section 7 of the Act filed by the Gram Panchayat has been allowed by the Collector vide order dated 27.10.2009 and the appeal of the appellants was also dismissed by the Commissioner vide order dated 04.02.2010. In pursuance to order dated 27.10.2009 passed under Section LPA No.2193 of 2011 (O&M) 4 7 of the Act, the appellants have been evicted on 07.12.2009 by the Gram Panchayat in execution of warrant of possession. Thus, in our opinion, in the facts and circumstances of the case, the order passed by the learned Single Judge does not require any interference in the appeal. No Merit. Dismissed in limine. (PARAMJEET SINGH) JUDGE December 22, 2011 (SATISH KUMAR MITTAL) vkd JUDGE