IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5354 of 1988. Date of Decision: 14.12.2010. Bachan Singh ....Petitioner Versus Gram Panchayat & others ....Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mrs. K.K. Kahlon, Advocate, for the petitioner. Mr. Balbir Singh, Advocate, for respondent No.1. Ms Rajni Gupta, Addl. AG, Punjab, for respondents No.2 and 3-State. NAWAB SINGH.J (ORAL) By this petition, petitioner challenges orders (i) dated May 7th, 1986 (Annexure P-1) passed by Collector Batala and; (ii) dated February 22nd 1988 (Annexure P-2) of Commissioner, Punjab. 2. By order Annexure P-1, the Collector allowed the petitioner to remain in possession of land measuring 1 kanal 4 marlas because petitioner had constructed his house on the same and directed his ejectment from the land measuring 15 marlas which was part and parcel of house. The house was described as Haveli in the revenue record and in the orders passed by the authorities. 3. Aggrieved of the said order, Bachan Singh- petitioner as well as Gram Panchayat filed appeals before the Commissioner but vide order Annexure P-2, appeal filed by the petitioner was dismissed and that of Gram Panchayat was accepted holding the petitioner to be in unauthorized possession of the suit land. Accordingly, it ordered the ejectment of the petitioner. 4. Without challenging the orders on merits, learned CWP No. 5354 of 1988. (2) counsel for the petitioner has contended that since the house (Haveli) was built on the land in question in the year 1949, that is, before the coming into force of the Act, he be allowed to purchase the same at the market value in view of rule 4 of the Punjab Village Common Lands (Regulation) Rules, 1964. 5. For facilitation, rule 4 is reproduced as under:- 4. Terms for saving existing possession. (1) Where a person has built a house or erected any other structure on any land in the shamlat deh, before the coming into force of the Act, the Panchayat may allow such person to retain possession of the site by-- (a) selling it to him at the market value prevailing at the time of the sale to be determined by the Collector or the officer appointed by him for the purpose: Provided that if the person concerned is unable to pay the entire amount immediately, it shall be recovered in such installments to be spread over a period not exceeding five years as may be determined by the Panchayat; or (b) leasing out the site to him at an annual rent to be determined by the Collector or the officer appointed by him for the purpose at the rates prevailing at that time. (2) Subject to sub-rule (1), the terms and conditions for sale or lease of land in shamlat deh shall be determined by the Panchayat.” A reading of the aforesaid rule shows that where a person has built or erected any structure on any land in the shamlat deh before coming into force of the Act, the Panchayat may allow such person to retain possession of the site by selling it to him at the market value prevailing at the time of sale to be determined by the CWP No. 5354 of 1988. (3) Collector or the officer appointed by him. Since the petitioner is ready to purchase the entire land measuring 1 Kanal 19 Marlas comprising in khewat No.62, khatauni No.103, khasra No.67(1-19) and the construction of Haveli is an old one and 15 Marlas surrounds it as observed by the Collector in his order, this Court is of opinion that petitioner may be allowed to retain the possession of the land by paying market price of the land to the Gram Panchayat. The Collector, Batala-respondent No.2 is directed to fix the market price of the land within 2 months from the date of receipt of this order and intimate the same to the petitioner and the petitioner shall deposit the amount within two months thereafter, after receipt of the intimation. In case of failure of the petitioner to pay the market price as determined by the Collector within the period aforesaid, the writ petition shall stand dismissed. 14.12.2010 (NAWAB SINGH) SN JUDGE