Petitioners not Owners but Tenants: High Court Upholds Eviction of Tenants by Gram Panchayat
In a significant judgement, the High Court of Punjab and Haryana has upheld the eviction orders against petitioners who claimed to be ‘Gair Marusi’ tenants of land owned by the Gram Panchayat. The bench comprising Hon’ble Mr. Justice Sureshwar Thakur and Hon’ble Mr. Justice Lalit Batra delivered the verdict on January 22, 2024, in the case of Siri Ram & Others vs. The Collector, District Faridabad & Others (CWP-7272-1996).
The petitioners challenged the concurrent verdicts of eviction passed by the Assistant Collector and the Appellate Authority, arguing that they held possession of the lands as ‘Gair Marusi’. However, the court observed, “The petitioners, who are not the owners of the disputed lands, but rather the Gram Panchayat concerned, is the admitted owner of the petition lands, thus being both valid and lawful.”
The High Court extensively analyzed the legal status of the petitioners as tenants, referencing Annexures P-1 and P-2 from previous court proceedings, which had declared the petitioners as tenants over the disputed lands. Despite this, the court found that the Gram Panchayat retained the right to evict, as stated in the operative part of Annexure P-1, “The plaintiffs are in possession of the land as tenant and as such, the findings of the learned Trial Court on issue No.1, 2 and 3 are set aside and the issues are decided in favour of the plaintiffs.”
Ultimately, the court dismissed the petition, affirming the eviction orders dated 31.01.1995 (Annexure P-3) and 07.09.1995 (Annexure P-4). This decision clarifies the rights of Gram Panchayats in relation to land tenure and eviction processes, particularly when dealing with tenants who do not have ownership rights.
Date of Decision: 20 January 2024
Siri Ram And Others VS The Collector, District Faridabad And Others
