LexJAGPAL SINGH & ORS. versus STATE OF PUNJAB & ORS.
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A B [2011] 2 S.C.R. 250 JAGPAL SINGH & ORS. v. STATE OF PUNJAB & ORS. (Civil Appeal No. 1132 of 2011) JANUARY 28, 2011 [MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] .. Punjab Village Common Lands (Regulation) Act, 1961 C - s. 7 - Gram Sabha land, gram panchayat land, sham/at deh, mandeveli/ poramboke land - Illegal/Unauthorized occupation - Land recorded as a village pond - Unauthorized occupation by appellants and construction of houses therein - Application uls. 7 to evict the appellants - Collector D regularizing the possession of unauthorized occupants - Commissioner as also the High Court setting aside the same - On appeal, held: Appellants were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and the E Gram Panchayat - Letter of the State Government permitting regularization of possession of these unauthorized occupants not valid - Regularizing such illegalities must not be permitted - Gram Sabha land must be kept for the common use of villagers -· Common interest of the villagers cannot be F allowed to suffer merely because the unauthorized occupation subsisted for many years - Appellants directed to vacate the land occupied by them illegally - Direction also issued to all State Government to prepare Scheme for eviction of illegal/ unauthorized occupants of such land. G The Gram Panchayat, Rohar jagir filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 to evict the appellants alleging that the appellants had unauthorizedly occupied the land recorded as village pond which belongs to the Gram H 250 "'JAGPAL SINGH & ORS. v. STATE OF PUNJAB & 251 ORS. Panchayat, and made constructio·ns. The Collector A regularized the illegality holding that it would not be in public interest to dispossess the appellants. It directed the Gram Panchayat to recover the cost of the land as per the Collector's rates from the appellants. On appeal against the or~er of the Collector, the Commissioner held B that the said village pond has been used for the common purpose of the villagers and cannot be allowed to be encroached upon by any private respondents; and that the illegal construction of the houses at the site was without jurisdiction and without the resolution of the c Gram Panchayat. The High Court upheld the order passed by the Commissioner. Therefore, the appellants filed the instant appeal. Dismissing the appeal, the Court HELD: 1.1 A Writ Petition was filed before the Single Judge of the High Court. The appellants were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. E Such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be . ordered to remove their constructions, and. pos'session of the land in question mus.t be handed back to the Gram Panchayat~ Regularizing such illegalities must not be permitted beca.use it is Gram Sabha land which must be kept for F the common use of villagers of the village. The letter of the Government of Punjab permitting regularization of possession of these unauthorized occupants is not valid. G Such letters are wholly illegal and without jurisdiction. Such illegalities cannot be regularized. The common interest of the villagers cannot be allowed to suffer merely because the unauthorized occupation has subsisted for many years. [Para 13] [257-D-G] H 252 SUPREME COURT REPORTS [2011] 2 S.C.R. A M.L. Builders (P) Ltd. vs. Radhey Shyam Sahu 1999 (6) SCC 464; Friends Colony Development Committee vs. State of Orissa 2004 (8) SCC 7.33 - relied on. 1.2 The instant case is a case of land recorded as a 9 village pond. The appellants are directed to vacate the land they had illegally occupied. [Para 16] [258·E·F] c Hinch Lal Tiwari vs. Kamala Devi AIR 2001 SC 3215; L. Krishnan vs. State of Tamil Nadu 2005 (4) CTC 1 Madras - relied on. 2. In many States, the Government Orders have been issued by the State Government permitting allotment of Gram Sabha land to private persons and commercial enterprises on payment of some money. All such o Government Orders are illegal, and should be ignored. [Para 15] [258-D] 3. Our ancestors knew that in certain years there may be droughts or water shor
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