Punjab & Haryana High Court
CWP No.8198 of 2013 (27.08.2013)
Salma and another .....Petitioners
versus
State of Punjab and others ......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mr.Justice G.S.Sandhawalia
Present: Mr.Ghulam Nabi Malik, Advocate for the petitioners
Mohd. Salim, Advocate for respondent No.5
Jasbir Singh, J. (Oral)
Petitioners are illegal occupants of Gram Panchayat's land for the last three decades. Their connivance with the officers of the Gram Panchayat/ Sarpanch and Panches is writ large. An ejectment order was passed against them on 30.6.1994. That order has become final. The Sarpanch of the Gram Panchayat thereafter did not take any action to get the land vacated under unauthorized occupation of the petitioners through Mohd. Ramzan (husband of petitioner No.1 and father of petitioner No.2). It appears that in the year 2013, the Gram Panchayat approached the concerned authorities for issuance of a warrant of possession. The District Development and Panchayat Officer wrote a letter to the Block Development and Panchayat Officer, directing him to get the possession vacated within 15 days from issuance of that letter. At that stage, the petitioners came to this Court. Petitioners are the tress-passers. They were ordered to be ejected in the year 1994. That order has become final. It is prayed by counsel for the petitioners that instead of ejecting the petitioners Krishan Gopal 2013.09.03 14:56 I attest to the accuracy of this order High Court Chandigarh from the land in dispute, let Gram Panchayat be directed to lease out the property to them as per market rate.
An unauthorized occupant who has entered the land by using muscle power cannot be permitted to take benefit of the provisions of Article 226 of the Constitution. Such like persons do not deserve any concession at the hands of the Courts. It was so held by the Hon'ble Supreme Court in Jagpal Singh and others v. State of Punjab and others, 2011(2) L.A.R. 187. In that case also, prayer was made by the unauthorized occupants to allot land to them because in the intervening period, they had constructed their house over the land unauthorizedly occupied by them. In that case, it was observed as under:-
"13. We find no merit in this appeal. The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat."
We are of the opinion that such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Regularizing such illegalities must not be permitted because it is Gram Sabha land which must be kept for the common use of villagers of the village. The letter dated 26.9.2007 of the Government of Punjab permitting regularization of possession of these unauthorized occupants is not valid. We are of the opinion that Krishan Gopal 2013.09.03 14:56 I attest to the accuracy of this order High Court Chandigarh such letters are wholly illegal and without jurisdiction. In our opinion such illegalities cannot be regularized. We cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many years."
Position is the same in this case. Despite order of ejectment passed against the petitioners, land was not vacated. In connivance with Sarpanch of the village, petitioners continued in possession. Gram Panchayat cannot be attributed any fault for non action on the part of its functionaries.
No case is made out for interference.
The writ petition stands dismissed.
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