Punjab and Haryana High Court
CWP-14662-2020
Dharambir Sharma Vs. State of Haryana and others
Present :- Mr. Rakesh Chaudhary, Advocate, for the petitioner.
Mr. Deepak Balyan, Addl. A.G., Haryana.
In sequel to the directions issued by this Court on 18.09.2020, the Chief Secretary to Government of Haryana, has filed detailed affidavit. According to the averments made in the affidavit, meeting was held by the Chief Secretary to Government of Haryana with the Principal Secretary to Government, Haryana, Development & Panchayats Department; Director, Development & Panchayats Department; Deputy Commissioner, Panipat; and District Development & Panchayats Officer, Panipat. The Deputy Commissioner, Panipat, sent a communication to the Director, Development & Panchayat Department, Chandigarh, on 24.09.2020 vide Annexure R-1. The Deputy Commissioner, Panipat, informed the Director, Development & Panchayat Department, Chandigarh, that as far as filing of an appeal after seeking opinion of the Advocate General, Haryana, by the Gram Panchayat, in compliance with the order dated 07.06.2019 passed by the Hon'ble Lokayukta, Haryana, qua 35 Acres 0 Kanal 14 Marlas of land decreed in favour of private persons by the civil court in the year 1963 is concerned, an application for getting copy of the judgment and decree passed by the Civil Court was filed before the Record Room on 15.01.2019 through Sarpanch, Gram Panchayat. According to the report made by the Record Room, the record was not entered in the Goswara Register. The Revenue Officers were asked to trace the record, but the same was not traceable till date.
The State Government has issued instructions from time to time to all the Deputy Commissioners, the Sub Divisional Officers (Civil), the District Revenue Officers and the District Development & Panchayat Officers in the State, with regard to speedy disposal of court cases pending under the Punjab Village Common Lands (Regulation) Act, 1961, as is evident from letters dated 05.08.2010, 04.02.2011, 04.04.2011 and 18.04.2011, Annexures R-2, R-3, R-4 and R-5, respectively. Similarly, letter dated 21.09.2018 (Annexure R-6) was issued by the Principal Secretary to Government of Haryana, Development & Panchayats Department, Chandigarh, to ensure implementation of judgments and decrees passed by the Revenue Courts, followed by another letter dated 26.10.2018 (Annexure R-7).
It is also averred in the affidavit that in sequel to the order dated 26.08.2019 passed by this Court in CWP No. 22613 of 2019, report regarding number of cases in which eviction orders have already been passed, which have attained finality, and possession has not been taken, with reasons for not taking possession from the evicted persons, was obtained from all the Deputy Commissioners vide letters dated 10.09.2019, 13.09.2019 and 25.10.2019. The district-wise report received from the Deputy Commissioners is Annexure R-8. It is evident from Annexure R-8 filed in tabular form that the cases in which eviction orders had already been passed and had attained finality and possession was not taken are 3583. The total area of land involved in these cases is 3569 Acres 1261 Kanals and 900.7 Marlas. As per the averments made in paragraph 10 of the affidavit, a detailed report regarding pending eviction petitions was obtained from the Deputy Commissioners in the month of December, 2018. It was reported that 11669 eviction petitions involving 9855 Acres 1 Kanal 11 Marlas land were pending with the Assistant Collectors Ist Grade. In 860 cases, eviction orders were passed and possession of land measuring 835 Acres 63 Kanals 177.4 Marlas was handed over to the concerned Gram Panchayats in 177 cases.
It is surprising that despite the orders of eviction having been passed and attaining finality, the State Government has not handed over possession of the land to the concerned Gram Panchayats. The State machinery should ensure that no encroachment/ unauthorised occupation of Panchayat/Shamilat Deh/Common land is permitted, and in the cases, where encroachments have been made, prompt action should be taken to evict unauthorised occupants. The State Government though has been issuing directions from time to time, but the revenue agencies have failed to implement the same. The Divisional Commissioners must ensure due implementation of the orders issued by the State Government, more particularly concerning unauthorised occupation of Panchayat/Shamiland Deh/Common land. Accordingly, the following directions are issued :-
(a) The Deputy Commissioner, Panipat is directed to trace the record and alternatively re-construct the record in order to file appeals within a period of three months. The disciplinary proceedings be initiated within a period of three months against the officers/officials, who are responsible for not keeping/maintaining the record. It is a serious lapse on the part of the revenue officers/officials.
(b) All the Assistant Collectors Ist Grade in the State of Haryana, before whom the eviction proceedings are pending qua Panchayat/Shamilat Deh/Common land, are directed to decide the same within a period of three months from today, in accordance with law.
(c) The State Government is further directed to hand over possession of land to the concerned Gram Panchayats in all the cases within a period of three months from today, in which eviction proceedings have attained finality.
(d) All the Panchayats in the State of Hayana are directed to ensure that the Gram Panchayat land is not encroached upon and if encroached upon, steps be taken for eviction of illegal/unauthorised occupants immediately.
(e) The State of Haryana is directed to initiate criminal proceedings as well against the persons, who are in unauthorised occupation/encroached upon the Panchayat/Shamilat Deh/Common land, in accordance with law.
Fresh status report be filed by the Chief Secretary, Haryana.
List on 06.01.2021.
(RAJIV SHARMA) (HARINDER SINGH SIDHU)
JUDGE JUDGE
October 01, 2020
No comments:
Post a Comment