IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 13929 of 2010 DATE OF DECISION : 31.10.2011 Gram Panchayat Judda Jattan .... PETITIONER Versus The Director Consolidation-cum-Commissioner, Ambala Division, Ambala and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Anil Kshetarpal, Advocate, for the petitioner. Mr. Ajay Kumar Gupta, Addl. A.G., Haryana. Mr. S.S. Dinarpur, Advocate, for respondent No.2. * * * SATISH KUMAR MITTAL, J. ( Oral ) Gram Panchayat, village Judda Jattan, Tehsil Jagadhri, District Yamuna Nagar, has filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order dated 16.6.2010 (Annexure P- 11), passed by the Commissioner, Ambala Division, Ambala, exercising the powers of the Director under the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred to as `the Act'), whereby an application filed by Gian Singh (respondent No.2 herein) CWP No. 13929 of 2010 -2- under Section 42 of the Act was allowed and the land comprised in Rectangle No. 5, Khasra No. 14/2 (0-8), which was earlier shown to be vacant land belonging to the Gram Panchayat, was ordered to be reserved for Gurudwara. During the course of arguments, it has not been disputed before us that on an application filed by the petitioner-Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, respondent No.2 was ordered to be evicted from the aforesaid khasra number and the said order has become final between the parties. On the last date of hearing in this case, i.e. on 4.10.2011, during the course of hearing, it was felt that the impugned order was without jurisdiction and keeping in view the fact that some other land was reserved for Gurudwara during the consolidation, the following order was passed by this Court : “During the course of arguments, we have perused the site plan (Annexure P-7). It is the case of the petitioner-Gram Panchayat that the respondents were evicted from the land comprised in Rect. No. 5//14/2 where they are claiming that a Gurudwara is situated. Undisputedly, in the ejectment order dated 19.11.2008 passed by the learned Assistant Collector Ist Grade, it has been held that no such Gurudwara is situated on the site. The learned counsel for the petitioner states that the petitioner-Gram Panchayat is ready to provide a suitable land measuring 01 kanal from khasra No. 23/2/2 to the respondents for the construction of a Gurudwara, which is much nearer to the abadi land. Learned counsel for the respondent seeks two weeks' CWP No. 13929 of 2010 -3- time for obtaining instructions in this regard. Adjourned to 31.10.2011.” Learned counsel for respondent No.2, after having instructions from respondent No.2, who is present in the Court, states that let the impugned order dated 16.6.2010 (Annexure P-11) be set aside and the petitioner-Gram Panchayat be directed, as per the undertaking given by them on the last date of hearing, to provide suitable land measuring 1 kanal from khasra No. 23/2/2, which is much nearer to the abadi land, for construction of the Gurudwara. In view of the aforesaid stand taken by respondent No.2, this writ petition is allowed. The impugned order dated 16.6.2010 (Annexure P- 11), passed by the Commissioner, Ambala Division, Ambala, exercising the powers of the Director under the Act, is set aside and as per the undertaking given by learned counsel for the petitioner-Gram Panchayat on 4.10.2011, the petitioner-Gram Panchayat is directed to provide 1 kanal of land from khasra No. 23/2/2 for construction of the Gurudwara with the condition that the said Gurudwara will be constructed within a period of two years and the person, who is to construct the Gurudwara will not use this land for any other purpose. ( SATISH KUMAR MITTAL ) JUDGE October 31, 2011 ( PARAMJEET SINGH ) ndj JUDGE