Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961)

Section 2(g) -- Punjab Panchayati Raj Act, 1994 (9 of 1994), Section 85 – Public utility property – Common purposes – usage of -- Vesting of – Gram Panchayat -- Right of -- All the properties which are being used for common purposes or are being used as public utility properties whether part of the Shamlat Deh or not, shall vest in the Gram Panchayat. Sohan Lal and another v. State of Punjab and others, 2011(2) L.A.R. 262 (P&H).

Section 7, 11 – Eviction order – Title dispute -- Concurrent finding of the fact that property in dispute is being used for the common purpose for worship, religious festivals and parking for the last so many decades and no material has been placed to prove that the property ever belonged to the petitioners – No document, electricity bill or water connection bill to show their long-standing possession -- Moreover, instead of taking defence in a proceeding u/s 7, petitioners have filed petition u/s 11 of the 1961 Act after the eviction order, which shows malafide on the part of the petitioners – No reason to arrive at contrary view. Sohan Lal and another v. State of Punjab and others, 2011(2) L.A.R. 262 (P&H).

Section 7 – Eviction order – Appeal against – Stay of order -- In an appeal against the order of eviction/possession, first appellate authority while admitting the appeal or while issuing notice ordinarily should stay operation and effect of order/decree of eviction/possession. Ram Sarup v. State of Punjab and another, 2011(2) L.A.R. 275 (P&H).

Section 7 – Eviction order – Appeal against – Power of Appellate authority -- Appellate authority was not well within its jurisdiction while rejecting stay application seeking stay of the eviction order on the very first day without assigning any reason while observing reasoned order will be passed in future -- Action of the appellate authority cannot be appreciated and approved, which is totally illegal, unwarranted and amounts to misuse of the jurisdiction vested with the appellate authority. Ram Sarup v. State of Punjab and another, 2011(2) L.A.R. 275 (P&H).

Section 5 -- Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 – Unauthorised possession on Gram Panchayat land – Sale of -- Right of -- As per provisions of Section 5 of the Act, the Gram Panchayat can dispose of its land as per norms prescribed -- Rule 12 of the Rules shows the condition in which the Gram Panchayat is competent to sell its property – Gram Panchayat is an independent entity and it cannot be forced to sell its land contrary to the provisions of the law. Gram Panchayat Kokalpur v. Joint Director Panchayat, Punjab and others, 2011(2) L.A.R. 391 (P&H DB).

Section 11 – Ex-parte order – Review -- Setting aside of an ex parte order does not amount to review -- Commissioner is competent to recall an ex parte order if sufficient ground is made out to do the same. Gram Panchayat Jalalpur v. Director, Rural Development and Panchayats, Punjab and others, 2011(2) L.A.R. 402 (P&H DB).