Don’t take any coercive steps till July 27: HC to Punjab

The counsel has argued that the authorities have ignored the fact that the petitioners have been in possession since 1909-10, supported by documentary evidence, and their rights are protected under the Punjab Village Common Land (Regulation Act), 1961.

🚨 Limited Time Offer | Express Premium with ad-lite for just Rs 2/ day 👉🏽 Click here to subscribe 🚨

The Bench was told that the land in dispute always remained in possession of the proprietors and was in the cultivable possession of the forefathers of the petitioners/khewatdars “much before 1945-46”. It was never reserved or used for any common purpose of the village community. As such, the land in dispute was neither covered under the definition of shamlat deh nor reserved in any consolidation proceedings.

Accepting notice on behalf of the state of Punjab, the Additional Advocate General of Punjab, S P S Tinna, submitted that the challenged communication was only regarding “possession to be taken of those lands whereby there has been a decision in favour of the Gram Panchayats”.

The Bench of Justice G S Sandhawalia and Justice Jasjit Singh Bedi, after issuing notice for July 27, held, “If that is so, keeping in view the background, no coercive steps shall be taken by the respondents qua the two sets of litigations which are pending both at the initial stage and at the appellate stage, till the next date of hearing.”