No coercive action over Mohali's Majrian village land: HC

Chandigarh, June 20

Less than a month after an order was passed setting aside a three-decade-old order whereby shamlat land was distributed among the right-holders of Majrian village in Mohali district, the Punjab and Haryana High Court has directed against the initiation of coercive action.

What the Bench said

“We are of the considered opinion that since the impugned order has been passed without issuing a notice to even a single landowner, whereas rights would have varied over a period of 30 years and the rights of subsequent purchasers would be there, it would be appropriate that till the next date of hearing, the state will stay its hands and will not take any coercive action as it will only fuel a large number of petitions on the same cause of action,” the Bench of Justice GS Sandhawalia and Justice Vikas Suri asserted.

“We are of the considered opinion that since the impugned order has been passed without issuing a notice to even a single landowner, whereas rights would have varied over a period of 30 years and the rights of subsequent purchasers would be there, it would be appropriate that till the next date of hearing, the state will stay its hands and will not take any coercive action as it will only fuel a large number of petitions on the same cause of action,” the Bench of Justice GS Sandhawalia and Justice Vikas Suri asserted.

Taking up a bunch of petitions filed against the state of Punjab and other respondents by Mohan Lal and other petitioners, the Bench also issued a notice of motion for July 18. Going into the background of the matter, the petitioners contended that the impugned order, passed by a consolidation officer on own motion, directed the setting aside of the mutation sanctioned on May 7, 1991, along with all consequent partition proceedings and mutations, as well as the sale deeds executed by the proprietors of the village from time to time.

As a result, a direction was issued to deliver the possession of the shamlat land to the gram panchayat. The matter was also referred to the Vigilance Bureau for looking into the criminal misconduct of officials of the Consolidation Department and the Revenue Department. Disciplinary proceedings for imposing major penalty were also ordered to be initiated against a Naib Tehsildar for his misconduct for conducting the partition proceedings in a hasty manner. The Bench was told that five gram panchayats/pattis of Majrian village filed a petition under the provisions of the Punjab Village Common Lands (Regulation) Act, wherein they arrayed 1,141 respondents for declaration to the effect that they were owners in possession of the land in dispute.

Also challenged was the decades-old order, dated April 22, 1991, and the mutation sanctioned on May 7, 1991, mainly on the grounds that the partition of the land, which was “gair mumkin, having hills and choe”, could not be permitted. As such, the matter of title was still pending. However, the impugned order was passed at the back of all concerned after 30 years. The Bench added that the impugned order referred to a report by Justice Kuldeep Singh panel. A petition in the matter was also pending before a Co-ordinate Bench along with other connected matters, for July 18. As such, the matter should also be listed before the same Bench.