The Honourable Supreme Court of India gave a historic judgement paving the way for protection of the commons across the country on 28th January 2011. This came in connection to the hearing on the Civil Appeal No. 1132/2011 @SLP(C) No. 3109/2011. This blog is aimed to collate all possible information related to the judgement. For views and comments write to firstname.lastname@example.org
Monday, January 7, 2013
In Other Courts, Punjab: Makhan Masih vs State Of Punjab And Others...7 November, 2012
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
No.14121 of 2011 Date
of Decision: NOVEMBER 7, 2012
Masih......Petitioner Versus State
of Punjab and others......Respondents
HON'BLE MR.JUSTICE RANJIT SINGH
Whether Reporters of local papers may be allowed to see the
To be referred to the Reporters or not?
Whether the judgment should be reported in the Digest? Present: Mr.
VK Sandhir, Advocate, for the petitioner.
Anu Pal, AAG, Punjab for the State.
Vipin Mahajan, Advocate, for respondent No.4.
petitioner, who is Panch, was suspended on 29.4.2011 on the ground
that he is in illegal occupation of the Panchayat land, where he
constructed a shop. As per the counsel for the petitioner, the said
order is based on the finding returned by the authorities on an
application under Section 7 of Punjab Village Common Land
(Regulating) Act (for short 'the Act') filed by a private person. The
said order of the Collector & Commissioner, is stayed by this
Court in CWP No.12351 of 2011. The submission made by C.W.P. No.14121
of 2011 -2- the counsel for the petitioner is that since the
application under Section 7 of the Act was not maintainable by a
private individual, accordingly, any finding returned thereon cannot
be considered to order suspension of the petitioner on the ground
that he has occupied the Panchayat land over which he has constructed
a shop also.
impugned order passed by the Director Rural Development and Panchayat
Department is annexed with the petition as Annenxure P-3. The
Director Rural Development and Panchayat Department has received a
report from District Development and Panchayat Officer on 4.3.2011,
who had earlier received a report form the Block Development &
Panchayat Officer on 28.2.2011 where an inquiry against Makhan Masih,
Panch Gram Panchayat Sekha, was conducted and it is proved that the
Panch has encroached upon two marlas Panchayat land out of Khasra
No.76, (1-18) by constructing illegal shop and in this manner he has
misused his position.
the basis of this allegation, the petitioner was put to notice. He
was asked to respond to the allegations. The reply submitted by the
petitioner was perused and after considering the same it was found
that the petitioner has encroached upon two marlas of Panchayat land
on the Khasra number as already mentioned. On this basis, the
Director Rural Development and Panchayat Department, has placed the
petitioner under suspension. The petitioner has invoked the
jurisdiction of the appellate authority, who has dismissed his
No.14121 of 2011 -3- In the impugned order, no reference is made to
any finding returned under Section 7 of the Act which has been found
the basis of placing the petitioner under suspension. Accordingly,
this issue does not arise in the present petition. Since the
petitioner has placed under suspension on the basis of report, no
case for interference in writ jurisdiction of this Court is made out.