Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

Punjab and Haryana High Court Directs Immediate Demarcation of Hadda Rori Land and Initiates Eviction Proceedings

07 May 2024 8:19 AM

By: Admin


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

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/05/P^0H-14-April-23-Rashpinderpal-Vs-State.pdf"]

 

Latest Legal News