C.W.P. No. 15028 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 15028 of 2010 Date of Decision:- 06.12.2011 Ram Pal and others .....Petitioners Versus State of Punjab and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. B.S. Sewak, Advocate for the petitioners. Mr. Manohar Lall, Addl. AG Punjab. Mr. Malkeet Singh, Advocate for respondent No. 5. **** SATISH KUMAR MITTAL, J(Oral). The petitioners are belonging to Scheduled Castes category. They have constructed their houses on the land belonging to the Gram Panchayat, Makowal. Admittedly, on an application filed under Section 7 of the Punjab Village Common Lands (Regulation)Act, 1961, vide order dated 8.4.2003 (Annexure P-16) the petitioners along with others were ordered to be evicted from the land in dispute where they have constructed their houses. It is admitted position that the said order became final. However, the petitioners could not be evicted from the said land and till date they are in possession of the land where they have constructed their houses and residing with their families. In the year 2008 i.e. The State of Punjab framed a policy vide a circular dated 14.8.2008 (Annexure P-17)for giving the ownership rights of shamlat land of Gram Panchayat to the members of Scheduled Caste, Scheduled Tribes including Bazigars who have constructed their houses C.W.P. No. 15028 of 2010 2 before 15.8.2008. In the present writ petition, the petitioners, who are in illegal occupation of the Gram Panchayat land have prayed that as per the said policy, directions be issued to the respondents to allot the ownership rights on the land on which they have constructed their houses and are residing with their families. Learned counsel for the State of Punjab submitted that the Government is committed to the policy framed by it. Learned counsel for respondent-Gram Panchayat does not dispute the aforesaid commitment of the Government. Learned counsel for the petitioners states that in view of the admitted position let this writ petition be disposed of with direction to the respondents to consider the claim of the petitioners for allotting the land underneath their houses, under the above said policy in accordance with law. Counsel further states that the petitioners will leave the excess land in their possession on which no construction has been raised by them. In view of above, this petition is disposed of with liberty to the petitioners to make a detailed representation in this regard to the Gram Panchayat as well as the Deputy Commissioner, Shaheed Bhagat Singh Nagar. If any such representation is made, the Deputy Commissioner is directed to consider and decide the same in accordance with said policy of Government and till the decision of the said representation the petitioners shall not be dispossessed from the land underneath, their houses. ( SATISH KUMAR MITTAL) JUDGE 06.12.2011 ( PARAMJEET SINGH ) reema JUDGE