EVICTION ORDERS QUASHED DUE TO INVALID DEMARCATION REPORT – P&H HC
In a recent judgement , the Punjab and Haryana High Court, comprising Justices Sureshwar Thakur and Kuldeep Tiwari, delivered a verdict in CWP No. 15051 of 2015, quashing eviction orders issued against the petitioners. The court found that the eviction orders, based on a demarcation report, were untenable due to various irregularities.
The case revolved around the alleged encroachment by the petitioners on a gair mumkin rasta (pathway) in khasra No. 145, owned by the Gram Panchayat. The eviction orders were issued by the Assistant Collector Ist Grade, Rewari, and the Collector, Rewari, relying on the demarcation report prepared by a revenue officer.
However, the court noted that the demarcation report had several flaws and was not valid. The petitioners had raised objections, highlighting violations of guidelines, an ex parte demarcation process, and the failure to establish fixed points from the map onto the ground. The demarcating officer’s failure to serve certain respondents and obtain necessary signatures further weakened the credibility of the report.
Upon careful examination, the court determined that the reliance placed on the infirm demarcation report by the authorities was inappropriate. Consequently, the court set aside the eviction orders and remanded the case to the Assistant Collector. The court directed the Assistant Collector to obtain a fresh and valid demarcation report, ensuring compliance with all relevant rules and instructions. The report would be tendered as evidence, and affected parties would have an opportunity to cross-examine the demarcating officer.
The court emphasized the importance of justice and set a timeframe of six months for the Assistant Collector to decide the case upon receiving the new demarcation report. This ruling aims to ensure a fair resolution for all concerned parties.
Legal experts and observers anticipate that this judgment will have a significant impact on similar cases involving demarcation reports and eviction orders, emphasizing the need for proper adherence to guidelines and due process.
Decided on: 26.05.2023
Savita and others vs Deputy Commissioner, Rewari and others
