Krishan and others v. State of Punjab and others

Present: Mr.M.K. Singla, Advocate, for the petitioners. ***** Mr.J.S. Puri, Addl. A.G. Punjab. Ms.Naiya Gill, Advocate, for respondent No.5. Mr.G.N. Malik, Advocate, for respondent No.6. ***** RAJIVE BHALLA J. (ORAL) The petitioners, admittedly, belong to the Bajigar community, are landless and as per Policy (Annexure P-8), are entitled to allotment of 5 marlas plot each for residential purposes. The petitioners are, admittedly, in possession of a parcel of land, where they have raised kacha/pucca, residential structures. The petitioners pray that a direction be issued to the Gram Panchayat to allot 5 Marlas plots, each, to the petitioners preferably, at the places, already in their respective possession. Counsel for the Gram Panchayat, however, submits that the petitioners claim that they are in possession of Khasra No.458, whereas they are in actual possession of Khasra No.454 and, CWP No.4010 of 2011 -2- therefore, it may be clarified that the petitioners shall not be entitled to any land out of Khasra No.458. Counsel for respondent No.6 submits that the land in dispute, bearing Khasra No.458, belongs to the Wakf Board as it was recorded, in the revenue record, as a Gair Mumkin Kabristaan. It is further submitted that as proceedings, with respect to title of this land, are pending adjudication, the petition should be dismissed. We have heard counsel for the parties and have no hesitation, in recording, that as the petitioners belong to Bajigar community, they are entitled to allotment of a 5 marlas of plot, each, in accordance with the policy dated 14.8.2008 (Annexure P-8). A relevant extract from the Policy (Annexure P-8) reads as follows: “Poor families of Schedule Caste and Backward Caste, which also includes Bajigar Caste, have constructed their residential houses, on the vacant Shamlat lands of the Gram Panchayat, due to their helplessness. These people cannot live respectable life because these are being daily threatened to dispossess from the Panchayat area, which has come under their houses and due to this they are also being restrained from contesting the elections of Panchayati Institutions, under this pretext because it is mentioned in Section 208(1)(k) of the Punjab Panchayati Raj Act, 1994 that any CWP No.4010 of 2011 -3- member of the Gram Sabha, who is in illegal possession of any local authority, he cannot contest the election of the Panchayati Raj Institutions and hence these poor people are being restrained from the right of becoming the member of the Gram Panchayat, by contesting the election, as provided by the Constitution of India and hence this is a great injustice to them. As per rule 13(a) of the Punjab Village Common Lands (Regulations) Rules 1964, as framed under the Punjab Village Common Land Regulation Act, 1961, Gram Panchayat with the previous approval of the Govt. can give land in shamlat deh, free of cost, to a landless worker residing in the Sabha area for construction of a house for his residence. As per this, which ever Gram Panchayat wants to give land free of cost to the families of landless worker residing in the village, can give the same by holding the meeting of the Gram Sabha. To make this process more fast, Govt. has also decided to give these rights to the concerned Deputy Commissioner of the CWP No.4010 of 2011 -4- District and regarding this separate orders are to be passed. Before sending the case to the concerned Deputy Commissioner, Gram Panchayat will pass the resolution and by calling the meeting of the Gram Sabha, will select the beneficiaries and in that list, area of the Gram Panchayat, which has come under the residential house of every beneficiary will be entered. Thereafter concerned Block Development and Panchayat Officer, after seeing the documents will send the case to the District Development and Panchayat officer, who will present the case before Deputy Commissioner of the District, for order, alongwith recommendations. Under this scheme, ownership rights of the land, on which houses have been constructed i.e. on the shamlat land of the Gram Panchayat, will be given as per the terms and conditions.” The Gram Panchayat has filed a reply stating that it has no objection, if a 5 marla plot is allotted to each of the eligible petitioners in Khasra No.454 but no land should be allotted to the petitioners from khasra No.458. CWP No.4010 of 2011 -5- Counsel for the Wakf Board has opposed allotment to the petitioners, on the plea that the land was, at one stage recorded, in the revenue record, as a Gair Mumkin Kabristaan. Taking into consideration the rights conferred upon the petitioners, by way of policy dated 14.8.2008 read with Section 5 of the Punjab Village Common Lands (Regulation) Act, 1961 and Rule 13 (a) of the Punjab Village Common lands (Regulation) Rules, 1964, and acceptance of their rights by the Gram Panchayat, we dispose of the writ petition in the following terms:

1. The Gram Panchayat shall abide by the policy taken by the Government acceptance of the petitioners’ rights, as averred in their reply. The Gram Panchayat shall allot plots to the eligible petitioners, preferably on the land in their occupation.

2. The allotments, so made shall be forwarded to the Deputy Commissioner, who shall pass appropriate orders, apprising the eligibility of the petitioners, in accordance with terms and conditions set out in the policy. CWP No.4010 of 2011 -6-

3. If, the Wakf Board is held to be owner of the land in possession of the petitioners, the petitioners would be required to vacate the land and in that eventuality the Gram Panchayat would be required to make allotment of alternative petitioners. The dispossession of the petitioners shall remain stayed till the Deputy Commissioner, takes a final decision in the matter. (RAJIVE BHALLA) JUDGE (RAKESH KUMAR JAIN) JUDGE MAY 10, 2012 Vivek