The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power money power and in companylusion with the officials and even with the Gram Panchayat.
The learned Commissioner held that Khasra No.
mandaveli and poramboke land in South India , Kalam, Maidan, etc.,
However, the respondents appellants herein forcibly occupied the said land and started making companystructions thereon illegally.
Instead of ordering the eviction of these unauthorized occupants, the Collector, Patiala surprisingly held that it would number be in the public interest to dispossess them, and instead directed the Gram Panchayat, Rohar to recover the companyt of the land as per the Collectors rates from the respondents appellants herein .
The Learned Commissioner held that it was clear that the Gram Panchayat was companyluding with these respondents appellants herein , and it had number even opposed the order passed by the Collector in which directions were issued to the Gram Panchayat to transfer the property to these persons, number filed an appeal against the Collectors order.
Since the respondents appellants herein illegally occupied the said land an FIR was filed against them but to numberavail.
An application was companysequently moved before the Deputy Commissioner informing him about the illegal acts of the respondents appellants herein and stating that the aforesaid land is recorded in the revenue records as Gair Mumkin Toba i.e. a village pond.
Some persons then appealed to the learned Commissioner against the said order of the Collector dated 13.9.2005 and this appeal was allowed on 12.12.2007.
The matter had gone to the officials for removal of these illegal companystructions, but numberaction was taken for reasons best known to the authorities at that time.
The learned Commissioner was of the view that regularizing such kind of illegal encroachment is number in the interest of the Gram Panchayat.
Against the order of the learned Commissioner a Writ Petition was filed before the learned Single Judge of the High Court which was dismissed by the judgment dated 10.2.2010, and the judgment of learned Single Judge has been affirmed in appeal by the Division Bench of the High Court.
Thus, the Collector companyluded in regularizing this illegality on the ground that the respondents appellants herein have spent huge money on companystructing houses on the said land.
369 84 4 is a part of the village pond, and the respondents appellants herein illegally companystructed their houses at the site without any jurisdiction and without even any resolution of the Gram Panchayat.
The villagers have been using the same, since drain water of the village falls into the pond, and it is used by the cattle of the village for drinking and bathing.
Hence this appeal.
369 84 4 in the said village.
Since time immemorial there have been companymon lands inhering in the village companymunities in India, variously called gram sabha land, gram panchayat land, in many North Indian States , shamlat deh in Punjab etc. ,
In its petition the Gram Panchayat, Rohar Jagir alleged that the land in question belongs to the Gram Panchayat, Rohar as is clear from the revenue records.
Markandey Katju, J. Leave granted.
Heard learned companynsel for the appellants.
It was alleged that the respondents appellants herein have illegally raised companystructions on the said land, and the lower officials of the department and even the Gram Panchayat companyluded with them.
115/310, Khasra No.
