Punjab and Haryana High Court Directs Immediate Demarcation of Hadda Rori Land and Initiates Eviction Proceedings
In a significant judgment delivered on 19th April 2023, a division bench of the Punjab and Haryana High Court comprising of Justice Sureshwar Thakur and Justice Kuldeep Tiwari directed the immediate demarcation of Hadda Rori land and initiated eviction proceedings against unauthorized occupants. The judgment came in response to a writ petition filed by Rashpinderpal and another petitioner against the State of Punjab and others.
The petitioners had sought a mandamus from the court to ensure the valid demarcation of the land comprised in Khatauni No.178 Khasra No.1-1206/175 (1-3)(0-9-69-54), which was reserved for Hadda Rori. They contended that unauthorized occupation of the land was taking place, and a lawful demarcation report was necessary to establish their claim before the Competent Authority.
The court observed that the respondents were causing undue delays in carrying out a lawful demarcation of the petition lands. It acknowledged the importance of preventing unauthorized occupation of Hadda Rori lands and the need for the beneficiaries of the demarcation report to file a motion under the relevant statute.
Accordingly, the court allowed the writ petition and directed the empowered Revenue Officer to immediately conduct a lawful demarcation of the petition lands. Furthermore, the court ordered the Revenue Officer to supply a certified copy of the demarcation report to the Block Development and Panchayat Officer (BDPO), enabling them to take appropriate action against any encroachments found on the designated Hadda Rori lands.
If the demarcation report reveals any encroachments, the BDPO was directed to file a petition under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961. This petition would initiate eviction proceedings against the encroachers. The court emphasized the need for prompt action and directed the BDPO to file the petition before the Collector, who would make a lawful decision after hearing all concerned parties within three months of receiving the petition.
The judgment highlighted the court’s concern over unauthorized occupation and the importance of expediting the demarcation process. It aimed to ensure that the lands reserved for Hadda Rori are protected from encroachments and that lawful measures are taken to evict any unauthorized occupants.
Date: 19th April 2023
Rashpinderpal and Anr vs State of Punjab and Others
