C.W.P. No. 19496 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19496 of 2011 Date of Decision:- 18.10.2011 Jaibir and another .....Petitioners Versus Commissioner and others .....Respondents CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present:- Mr. Deepak Balyan, Advocate for the petitioners. **** SATISH KUMAR MITTAL, J(Oral). The petitioners have filed the instant petition under Articles 226/227 of the Constitution of India for setting aside the order dated 7.3.2007 passed by the Assistant Collector Ist Grade, Jhajjar whereby on the application filed by Raj Singh-respondent No.5 herein, a resident of the village, the petitioners as well as the applicant Raj Singh, himself, have been ordered to be evicted from certain encroachment made by them on the passage as per the demarcation report; as well as the order dated 28.5.2008 passed by the Collector and the order dated 27.5.2010 passed by the Commissioner, whereby the appeal and the revision filed by the petitioners against the said order has been dismissed. We have heard learned counsel for the petitioners and have gone through the impugned orders. In this case the Assistant Collector Ist Grade passed the impugned order on the basis of the demarcation report dated 16.11.2006 which was got conducted in the presence of SDM and all the interested C.W.P. No. 19496 of 2011 2 parties including the petitioners. According to the said report the petitioners were found to have encroached upon 20 yards X 0.2 yard of the passage. The complainant Raj Singh was also found in illegal possession of certain area of the passage in the said report. The Assistant Collector Ist Grade, while relying upon the said demarcation report ordered the ejectment of the petitioners as well as complainant from the portion where they were found in illegal possession. The said order has been upheld by the Collector as well as the Commissioner. Learned counsel for the petitioners tried to convince the Court that the said demarcation was not conducted properly. However, it has not been disputed that the demarcation was made by the higher officers in their presence. He has further argued that objection filed by the petitioners to the said report was also not considered by the Assistant Collector Ist Grade, while passing the impugned order. After hearing learned counsel for the petitioners and going through the demarcation report as well as the site plan attached herewith, we do not find any merit in this writ petition. Counsel for the petitioners could not point out any illegality or irregularity in the demarcation report submitted by the Field Kanungo. The authorities have passed the impugned order on the basis of finding of fact that the petitioners as well as the complainant have illegally encroached upon a part of the passage, and the said finding is based upon a demarcation report conducted by the higher officers. Therefore, we do not find any reason to discard the said demarcation report. The second contention of the petitioners that in order to remove the illegal encroachment, the part of the house of the petitioners is to be C.W.P. No. 19496 of 2011 3 demolished, therefore, it will cause a great loss to them, cannot be accepted. If the petitioners have illegally encroached upon public passage, the same is bound to be removed as it is largely affecting the general public. The Hon'ble Apex Court in Jagpal Singh and others Vs. State of Punjab and others in Civil Appeal No. 1132 of 2011 has given directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. Thus, in the present case whereby illegal encroachment on the common passage has been established, we do not find any ground to interfere in the impugned orders. Dismissed. ( SATISH KUMAR MITTAL) JUDGE 18.10.2011 ( PARAMJEET SINGH ) reema JUDGE