Civil Writ Petition No. 14616 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 14616 of 2009 Date of Order: 22.09.2010 Ajit Singh ....Petitioner Versus Joint Development Commissioner, Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Mandeep S. Bedi, Senior Advocate with Ms. Gauri Bedi ,Advocate for the petitioner Ms. Anu Pal, AAG, Punjab, for respondents no.1 and 2 Mr. G.S.Thind, Advocate for respondent no.3. RAJIVE BHALLA, J (Oral). Prayer in this petition is for issuance of a writ in the nature of certiorari for quashing the orders dated 18.09.1997 and 16.03.1998, passed by the Collector-cum-D.D.P.O.,Amritsar and the Joint Development Commissioner (IRD), Punjab (exercising the powers of Commissioner), respectively. Counsel for the petitioner submits that the petitioner filed an application under Section 11 of the Punjab Village Common Lands Regulation Act, 1961(hereinafter referred to as the Act) for declaration of his ownership. The application was allowed but in an appeal filed by the Gram Panchayat, the appeal was allowed , the order of Collector was set aside and the matter was remitted to the Civil Writ Petition No. 14616 of 2009 -2- Collector to decide the application afresh. While deciding the matter afresh, the Collector rejected the petitioner's claim of ownership but ordered his ejectment. It is argued that in the absence of any application under Section 7 of the Act, the Collector cannot, while deciding an application filed under Section 11 of the Act, order ejectment of the petitioner. Counsel for the Gram Panchayat submits that as the petitioner is an unauthorised occupant, his ejectment has been rightly ordered. It is submitted that as the petitioner's plea that this land does not vest in the Gram Panchayat has been rejected, a necessary consequence is the petitioner's ejectment. I have heard counsel for the parties and perused the impugned orders. The petitioner filed an application under Section 11 of the Act, claiming ownership of the land in dispute. The Gram Panchayat opposed this application but did not file any petition under Section 7 of the Act seeking the petitioner's ejectment. The Collector rejected the plea of ownership but directed the petitioner's ejectment. The appellate authority affirmed this order. Section 11 of the Act empowers the Collector to adjudicate whether land vests or does not vest in a Gram Panchayat but does not empower him, while deciding an application under Section 11 of the Act, to order ejectment of the applicant. The Collector, in the absence of any application filed under Section 7 of Act, had no jurisdiction to order the petitioner's ejectment. The appellate authority failed to discern this error compelling the petitioner to file this petition. Civil Writ Petition No. 14616 of 2009 -3- In view of what has been stated hereinabove, the writ petition is partly allowed, the orders dated 18.09.1997 and 16.03.1998 are set aside in so far as they order the petitioner's ejectment, but with liberty to the Gram Panchayat to file an application under Section 7 of the Act, seeking the petitioner's ejectment, in accordance with law. In case, the Gram Panchayat files such an application, the Collector shall decide the application within three months. No order as to costs. September 22, 2010 (RAJIVE BHALLA) nt JUDGE