Phool Singh vs The State of Haryana and Others

M.S. Liberhan, J.—Learned counsel for the petitioners asserts that the petitioners have constructed their houses before 1981 and according to the definition of Section 2(g)(5) Sub-section (vi) of the Punjab Village Common Lands Act, Haryana Amendment Act, 1991, no finding has been returned by the authorities below with respect to the fact whether the houses were constructed before 1981 i.e. the land in dispute was being used for houses before the amended provisions came into force.

In view of the observations made above, the impugned order is quashed. The case is remanded to the Assistant Collector, Karnal to determine the question of fact, whether the houses were constructed before the amended provisions came into force. Whether the land in dispute is covered by the provisions of Sub-clause (vi) of Section 2(g)(5) of the Act or it does not fall within the definition of Shamlat Deh. The Assistant Collector, is directed to decide the matter afresh after giving opportunity of hearing to the parties. The parties are directed to appear before him on 17.2.1995. The Assistant Collector 1st grade will expedite the. proceedings and decide the same within one month.

With the above observations, the writ petition stands disposed of accordingly.