Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B, 2 -- Public street - Comes within definition of Shamlat Deh - Civil suit qua Shamlat Deh is not maintainable in view of S.13-B of the Act - Collector u/s 7 of the Act has the power to remove encroachment or illegal possession of the public street and put Panchayat in possession...........
Specific Relief Act, 1963, Section 30, 34 -- Injunction - Encroachment - Proof - Held, plaintiffs have to prove that defendants have raised construction on disputed land - This could have been only done by getting the land demarcated - Only after such demarcation could it have been ascertained as to where defendants are raising construction - Plaintiffs have miserably..........
Evidence Act, 1872, Section 60 -- Encroachment - Fact of encroachment is a matter of three aspects together, namely which can be (1) seen, (2) perceived by sense by taking aid of measurement devices, and (3) an information based thereon...........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Proof - In case there are undisputed boundaries then encroachment is a matter of fact - Fact of encroachment also could be a matter of oral evidence, if the admitted boundaries are destroyable, and have been destroyed in presence of witness by the party making the encroachment...........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Proof of extent of encroachment - Cannot be proved in absence of public records...........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Fact and extent of encroachment - Cadesteral Surveyor has to first ascertain the boundary marks and boundaries of undisputed and unencroached area of the land, based on undisputed boundary marks, as seen in the public record, and thereafter measure the extent of encroachment - If such report of the Commissioner is..........
Evidence Act, 1872, Section 36, 60 -- Encroachment - Proof and extent - Court Commissioner not adopting a correct procedure - Suit not to be dismissed merely on this ground - Court to get it re-measured according to rules again and again, if necessary as failure of Cadesteral Surveyors is not attributable to parties to the suit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Allegation by Gram Panchayat that petitioner had made encroachment over the passage - Collector appointed Local Commissioner for demarcation who found that there was no encroachment - Application of Gram Panchayat dismissed by Collector - In appeal Commissioner remanded the..........
Specific Relief Act, 1963, Section 38, 39 -- Public pathway - Illegal encroachment - House of plaintiff abutting on public pathway - Plaintiff is entitled to make use the pathway which is in front of his house - Plaintiff being the aggrieved person is entitled to seek mandatory injunction...........
Specific Relief Act, 1963, Section 39 -- Mandatory Injunction - Public street - Encroachment - Suit for mandatory injunction for removal of obstructions/encroachment - Municipal Council has statutory right to remove unauthorized encroachment - Right exercised by Municipal Corporation not for the benefit of itself but for the benefit of inhabitants of urban area - Civil..........
