HC orders CBI probe into alleged land grabbing of evacuee property in Amritsar

The Punjab and Haryana High Court has ordered a probe by the Central Bureau of Investigation (CBI) into allegations that evacuee property in Amritsar district — left behind by Muslims who migrated to Pakistan in 1947 — was illegally declared private through collusive litigation involving state officials. CBI, for the purpose, will evaluate record since 1887.

The bench of Justice Harsimran Singh Sethi and Justice Vikas Suri directed CBI to “look into the aspect as to whether the government land is being usurped by the private persons under the guise of legal process without proper disclosure of the actual facts before the competent courts of law”.

The court further asked the agency to “examine whether the officers of the state of Punjab at the relevant time who were supposed to defend the interest of the state in a manner required failed to file a written statement and produce the evidence to show that the land, were hand in glove with the private respondents to grab the government land.”

The direction came after the bench was told by senior advocate ML Saggar with counsel Vivek Salathia, Armaan Saggar and Omesh Garg that such kind of ownership was being claimed by private persons “to the exclusion of the government” regarding 1,400 kanals in two villages — along with similar parcels in seven other villages.

The bench, during the course of hearing, was told that the mutation Punjab Government’s favour was made “on the basis of the instructions issued by the government stating that wherever there is a mortgage of the evacuee property which is over 20 years old, the same will stand redeemed in favour of the government”.

Yet, “in the civil suit, rather than taking the said plea, the Punjab Government chose not to even file a written statement to oppose the claim of the private respondents and the State of Punjab was proceeded against ex parte”.

The bench was also told that “the public prosecutor even sought permission to withdraw from the case which shows as to how the government’s ownership was left at the mercy of the private respondents allowing them to claim the ownership of the same”.

The bench observed that the trial court in the civil suits filed by the private claimants held through the order dated March 12, 1984, that they were not the owners but the mortgager, and they would keep the possession of the property in question unless the same was claimed by the government as per the procedure prescribed. But the said finding was modified through the order in appeal dated September 6, 1984, as nobody contested the appeal on the government’s behalf resulting in private respondents being declared owner.

Observing that the issue involved “the interest of the Government of India”, which had filed an affidavit stating that “custody right of the land in question were given to the State of Punjab,” the bench observed that a detailed investigation was necessary.

“The officers of CBI are accordingly requested to look into all the aspects of the matter and then file a detailed report before this court indicating as to who will be the owner of the land in question keeping in view the revenue record, the instructions issued by the Union of India and as well as the Government of Punjab,” the bench directed.

CBI was also asked to verify “whether the claim of the private respondents that their predecessor-in-interest were the mortgagee from the Muslims of the land, who went and settled in Pakistan in 1947, is based upon cogent facts and if such statement given before the competent court of law was not based upon the revenue record”.

The agency must also probe “whether the officer of the Government of Punjab were hand in glove with the private respondents or their predecessor-in-interest to get the good land be owned by private respondents”, and “whether private respondents is only a face or someone else is the real person pulling the strings qua the property in question”.

Acknowledging CBI’s existing workload, the bench observed, “keeping in view the fact that interest of the government is involved as the land in question can be used by the government for various development projects”, the probe was essential.

Accepting CBI’s request for time as the record was to be “evaluated starting from the year 1887”, the bench granted three months to conduct the inquiry and submit its findings. “Let the report of CBI be submitted before this court on or before 29.01.2026,” the order concluded.