Gram Panchayat Gajpur v. Joint Development Commissioner, Punjab And ORS.

CWP-4822-2016 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-4822-2016 Date of Decision: November 15, 2017 Gram Panchayat Gajpur .....Petitioner

Versus

Joint Development Commissioner, Punjab (IRD) and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.V.K.Sandhir, Advocate for the petitioner.

Mr.Rajesh Bhardwaj, Sr.DAG, Punjab.

Mr.Vikas Meshempuri, Advocate for the private respondents. ........

SURYA KANT, J.

Learned counsel for the parties are ad idem that the order passed by the Joint Development Commissioner (IRD)-cum-Appellate Authority under the Punjab Village Common Lands (Regulation) Act, 1961, dated 18.02.2015 (Annexure P-3) be set aside and the Appellate Authority be directed to decide the appeal afresh, for the reason that not only the petitioner-Gram Panchayat is aggrieved by that order, the contesting respondents are also dis-satisfied with the same for the reason that various documents comprising revenue record relied upon by them have not been considered or referred to by the Appellate Authority. [2] In this view of the matter, the writ petition is allowed in part; the impugned order dated 18.02.2015 (Annexure P-3) is set aside without Meenu 2017.11.20 11:05 I attest to the accuracy and authenticity of this document chandigarh

CWP-4822-2016 -2expressing any views on merits and the Appellate Authority is directed to decide the appeal afresh in accordance with law and after hearing the parties, preferably within a period of four months from the date of receipt of a certified copy of this order. Both the parties shall be at liberty to produce supplementary evidence comprising official documents only, if so required by the Appellate Authority, for a fair and just decision of the appeal(s). [3] Parties are directed to appear before the Appellate Authority on 04.12.2017.

( SURYA KANT ) JUDGE November 15, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.11.20 11:05 I attest to the accuracy and authenticity of this document chandigarh