Govt to reopen land- grab cases

CHANDIGARH: The Punjab government has decided to reopen cases of land involving “fraud”, as identified by a special tribunal set up by the Punjab and Haryana high court, to free land from encroachers on Chandigarh’s periphery.

In an affidavit submitted to the high court, the state government stated that the suggestion regarding the appointment of a special attorney for each district would be implemented. The government has also agreed to the suggestion about constituting a special bench in the high court to monitor these cases.

The government submitted that it was examining the suggestion regarding dispossession and recovery of mesne profits from those illegally occupying the land. “A survey to determine the nature and extent of such possessions might be necessary. The policy to be finalised in this behalf will be submitted to the high court,” the government said.

In its report, the justice Kuldip Singh panel had pointed out that more than 30,000 sale deeds alone in Karoran village (SAS Nagar district) were illegal.

The case will now come up

for resumed hearing on July 3.

PLEA TO BECOME RESPONDENTS

In this case, Arjan Singh, Devinder Singh and Manjit Kaur moved an application on Tuesday to become a party as respondents.

The petitioners who moved the application through advocate Anil Kshetarpal submitted that they wanted to become respondents in this case in view of the special tribunal’s reported findings that shamlat land in Kansal village (SAS Nagar district) had been wrongly mutated in favour of proprietors of the village and that influential officers had cornered valuable land in the village.

The petitioners submitted that they had purchased land from Jiwa Singh and Ram Singh and pointed out that the high court in September 1999 had upheld the June 27, 1984, order of the additional director, consolidation, which the special tribunal “while submitting its report has not taken into consideration.”

The special tribunal has held as “wholly illegal, without jurisdiction and a nullity” the 1984 order.

The petitioners further pointed out that the high court bench had dismissed the petition of “Proprietors Jumla Mushtarka Malkan” challenging the order of the director, consolidation. Later, the Supreme Court also dismissed the petition filed against the high court order.

TRIBUNAL MEMBER

Advocate Prem Na t h Aggarwal, a member of the special tribunal, had pleaded the case of ‘Proprietors Jumla Mushtarka Malkan’, whose petition in the Supreme Court challenging the February 1997 order of the director, consolidation, was dismissed.

As the issue of Aggarwal appearing in this case cropped up, the court asked the Punjab government counsel to find out if he would like to continue as a member of the special tribunal.

The director, consolidation, had passed an order that deficiency in the area of Jiwa Singh and Ram Singh be made good from Jumla Mushtarka Malkan Hasab Rasad Raqba Khewat.

But, the justice Kuldip Singh tribunal has stated: “We are prima facie of the view that the orders… the change of ownership from Jumla Mushtarka Malkan to the right holders in the revenue records and the various sale deeds executed out of Jumla Mushtarka Malkan land are wholly illegal, without jurisdiction and a nullity, inter alia, on the following grounds…”