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JAGPAL SINGH & ORS. vs. STATE OF PUNJAB & ORS.

SCR Citation: [2011] 2 S.C.R. 250
Year/Volume: 2011/ Volume 2
Date of Judgment: 28 January 2011
Petitioner: JAGPAL SINGH & ORS.
Disposal Nature: Appeal Dismissed
Neutral Citation: 2011 INSC 81
Judgment Delivered by: Hon'ble Mr. Justice Markandey Katju
Respondent: STATE OF PUNJAB & ORS.
Case Type: CIVIL APPEAL /1132/2011
Order/Judgment: Judgment
1. Headnote

Punjab Village Common Lands (Regulation) Act, 1961, s. 7 - Gram Sabha land, gram panchayat land, shamlat deh, mandeveli/ poramboke land - Illegal/Unauthorised occupation - Land recorded as a village pond - Unauthorised

occupation by appellants and construction of houses therein application u/s. 7 to evict the appellants - Collector regularising the possession of unauthorised 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 Gram Panchayat - Letter of the State Government permitting regularisation of possession of these unauthorised occupants not valid Regularising 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 allowed to suffer merely because the unauthorised 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/ unauthorised occupants of such land.

2. Case referred
3. Act
  • Punjab Village Common Land (Regulation) Act, 1961 (18 of 1961)
4. Keyword
  • Punjab Village Common Lands (Regulation) Act
5. Equivalent citation
    Citation(s) 2011 AIR 1123 = 2011 (11) SCC 396 = 2011 (11) Suppl. SCC 396 = 2011 (1) JT 617 = 2011 (1) Suppl. JT 617 = 2011 (2) SCALE 42