C.W.P No.4644 of 2007 1 In the High Court of Punjab and Haryana, Chandigarh. C.W.P No.4644 of 2007 Date of Decision: 15.12.2008 Bachra Ram and others. ....Petitioners. Versus Gram Panchayat, Patti and others ....Respondents. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Mr. Justice K. Kannan Present: Mr. Sanjay Verma, Advocate for the petitioners. Mr. Surinder K. Bishnoi, for respondents No.2 to 4. Mr. Pritam Saini, Advocate for respondent No.5. ... J.S. Khehar, J. (Oral). Shiv Ram, resident of village Kaserla, Tehsil Thanesar, District Kurukshetra, filed an application under Section 7 of the Punjab Village Common Land (Regulations) Act, 1961 (as is applicable to the State of Haryana) (hereinafter referred to as the Village Common Land Act), wherein he sought the ejectment of the petitioners, alleging that they were in illegal possession of the Shamlat deh belonging to the Gram Panchayat. The matter came to be adjudicated, in the first instance, by the Assistant Collector, First Grade, Kurukshetra. The Assistant Collector, First Grade, Kurukshetra, by his aforestated order dated 2.9.2004 (Annexure P-1), C.W.P No.4644 of 2007 2 arrived at the conclusion that the petitioners were in unauthorised possession of the Shamlat deh belonging to the Gram Panchayat. Liberty was, however, granted to the petitioners by the Assistant Collector, First Grade, Kurukshetra, to purchase the land in question by making an appropriate payment to the Gram Panchayat in terms of the instructions issued by the State government. Shiv Ram, who had earlier filed the ejectment petition, preferred an appeal against the order dated 2.9.2004 (Annexure P-1) passed by the Assistant Collector, First Grade, Kurukshetra. Through the aforesaid appeal, Shiv Ram contested the determination rendered by the Assistant Collector, First Grade, Kurukshetra, whereby liberty was granted to the petitioners to purchase the land in question. The appeal preferred by Shiv Ram was accepted by the Collector, Kurukshetra, vide his order dated 31.1.2005 (Annexure P-2). It is in the aforestated circumstances, that the petitioners preferred a revision petition before the Commissioner, Ambala Division, Ambala. The revision petition filed by the petitioners, was dismissed by the Commissioner, Ambala Division, Ambala, vide an order dated 26.9.2006 (Annexure P-3). In the background of the factual/legal position referred to hereinabove, the petitioners have approached this Court by filing the instant writ petition so as to impugn the orders dated 31.1.2005 (Annexure P-2) and 26.9.2006 (Annexure P-3) passed by the Collector, Kurukshetra and the Commissioner, Ambala Division, Ambala, respectively. The solitary contention advanced by the learned counsel for the petitioners, is that the demarcation effected whilst the proceedings were C.W.P No.4644 of 2007 3 pending before the Assistant Collector, First Grade, Kurukshetra, was improper, and as such, proper demarcation needs to be effected so as to prevent the petitioners from incurring any irreparable loss. It is the vehement contention of the learned counsel for the petitioners, that the petitioners have raised construction over two Marlas of land, which actually belongs to the petitioners, and is depicted as such in the revenue records. It is also the contention of the learned counsel for the petitioners, that the petitioners are not in possession or in unauthorized occupation of any part of the Shamlat deh of the Gram Panchayat. In the peculiar facts and circumstances of this case, learned counsel for the petitioners states, that the petitioners would be satisfied if the instant writ petition is disposed of with a direction to the official respondents to implement the impugned orders after getting a fresh demarcation of the land in question. Learned counsel for the petitioners states, that the ends of justice would be met, if a Local Commissioner is appointed by this Court under whose supervision the demarcation is carried out. In the peculiar facts and circumstances of this case, we are satisfied that fresh demarcation of the land should be carried out. For the aforesaid purpose, we hereby appoint Mr. Balraj Dhull, Advocate, as Local Commissioner. He shall carry out the demarcation of the land with the assistance of the Naib Tehsildar, Thanesar. The demarcation shall be carried out on 26.12.2008 at 10.00 AM. Liberty is also granted to the parties to be present so as to assist the Kanugo nominated by the Naib Tehsildar, Thanesar, to carry out the demarcation in question. Parties are agreed that the demarcation carried out under the C.W.P No.4644 of 2007 4 supervision of the Local Commissioner shall be binding on the rival parties. In view of the above, the instant writ petition is disposed of with a direction to the official respondents to execute the impugned orders passed in this case, only after a fresh demarcation of the land is carried out, and only if as a consequence of the aforestated demarcation, it is concluded that the land in question does not belong to the petitioners, but is Shamlat deh belonging to the Gram Panchayat. The petitioners shall pay a sum of Rs.15,000/- to the Local Commissioner, which shall include his fee and out of pocket expenses, including traveling expenses. Writ petition stands disposed of in terms of the aforesaid directions. ( J.S. Khehar ) Judge ( K. Kannan ) Judge. 15.12.2008 sk.