Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Village Common Land (Regulation) Act Punjab Village Common Land (Regulation) Rules r. 12 1964 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Punjab Village Common Land (regulation) Act, 1961 (18 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Village Common Land (Regulation) Act – Punjab Village Common Land (Regulation) Rules, 1964 – r. 12 – Unauthorised possession – Respondents were alleged to be in the possession of a land, which was claimed to be belonging to Gram Panchayat and was meant for construction of school thus giving rise to the dispute between the appellant and the respondents – On the application of the sarpanch, the demarcation proceedings were carried out with respect to the land in which the unauthorized possession of the respondent was shown – The eviction proceeding were initiated and the respondent was ultimately evicted and the appeal by the respondents before the Collector and thereafter before the Commissioner was rejected – Writ petition – High Court directed for fresh demarcation – Pursuant thereto, Local Commissioner filed its report, the High Court ultimately directed the parties to invoke powers under Rule 12 and determine the market value of the land to the extent to which it is under occupation of the respondent, namely, the land where houses are constructed and wherever the vacant area can be segregated from the residential house, it can be separated and utilized for earmarked purpose, i.e., school premises – Aggrieved by the decision, the appellant preferred appeal before the Supreme Court – Held : Under the circumstances, the High Court has committed a very serious error in directing to legalise the unauthorized occupation and possession made by the original writ petitioners on payment of market price – Even the other directions issued by the High Court are not capable of being implemented,namely, to segregate the vacant land from the residential house and which can be separated and utilised for earmarked purpose, i.e., school premises – Further there is no other panchayati land and/or other land, which is available, which can be used as school premises/playground and the adjacent land belongs to some private persons and they are not ready to part with their land to be used as school premises/playground. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 201 |
Petitioner | The State Of Haryana And Ors. |
Respondent | Satpal & Ors. |
SCR | [2023] 2 S.C.R. 12 |
Judgement Date | 2023-03-03 |
Case Number | 2984 |
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