CWP No.10106 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.10106 of 2008 Date of Decision: 24.9.2010 Joginder Singh (since deceased) through his legal representatives Gagandeep Singh and others .....Petitioners Vs. The Joint Development Commissioner, Rural Development and Panchayats, Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Ms. Naiya Gill, Advocate for the petitioners. Ms. Anupal, AAG, Punjab, for respondents no.1 and 2. Mr.N.P.S. Mann, Advocate for respondent no.3. .... RAJIVE BHALLA, J (Oral) The petitioners pray for issuance of a writ in the nature of Certiorari for quashing orders dated 31.3.2004 and 23.11.2007, passed by the Collector, Rupnagar and the Joint Development Commissioner (IRD) (exercising the powers of the Commissioner) directing the petitioners ejectment. Counsel for the petitioners submits that the petitioners forefathers raised a residential structure. The petitioners have been ordered to be ejected on the ground that the land is “Gair Mumkin Ahata Chah Pukhta”. The finding that the petitioners have occupied a “Gair Mumkin CWP No.10106 of 2008 2 Ahata Chah Pukhta” is factually incorrect. It is further submitted that as the land in dispute is the site of the petitioners house, the present petition should be allowed and a direction may be issued to the Gram Panchayat to sell the land to the petitioners. Counsel for the Gram Panchayat, on the other hand, submits that the land is reserved for a public purpose, namely; a source of water and is, therefore, described in the revenue record as “Gair Mumkin Ahata Chah Pukhta” The petitioners occupied the vacant land of the well in the year 1998 and constructed a house. The orders passed by the Collector and the Joint Development Commissioner, Rural Development and Panchayats, Punjab, are liable to be affirmed, as they do not suffer from any error of jurisdiction or of law. I have heard counsel for the parties and perused the impugned orders. The impugned orders have recorded a firm finding of fact that the land in dispute, which falls in Khasra No.143, was reserved for common purposes to be used as a “Gair Mumkin Ahata Chah Pukhta”. The petitioners, therefore, have no right to occupy this land, much-less construct a house. The argument that the land was in possession of the petitioners predecessors remains unsubstantiated for want of any credible evidence. The petitioners are rank trespassers and have occupied land reserved for a source of water. As the impugned orders do not suffer from any error of jurisdiction or of law, the writ petition is dismissed, with liberty to the petitioners to approach the Gram Panchayat for sale of the land, which is the site of their house. In case, the petitioners file such an application CWP No.10106 of 2008 3 before the Gram Panchayat, within one month from today, it shall be considered and decided by the Gram Panchayat within three months. During this period of four months, dispossession of the petitioners shall remain stayed. 24.9.2010 (RAJIVE BHALLA) GS JUDGE