Appeal Harjeevan Kaur

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In the Court of Deputy Commissioner, Chandigarh (Exercising the

Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

Index

S.no Particulars Page No


1. Application U/s 5 Limitation Act 1-2
2. Affidavit in support 3
3. Application for stay 4-5
4. Affidavit in support 6
5. Application for exemption 7-8
6. Grounds of Appeal 9-15
7. Affidavit in support for application 16
and appeal
8. Copy of Order (Annexure A-1) 17-33
9. Copy of notification (Annexure A-2) 34-35
10. Vakalatnama 36-37

Dated:

Place:Chandigarh

Through Counsel:

I.P.S. Mangat
P-1493-2011
(Advocate)
1

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

Application Under Section 5 of Limitation Act


read with Section 151 of the CPC for
condonation of delay of days in filing the
present appeal.
RESPECTFULLY SHOWETH:

1. That the appellant/applicant has filed the accompanied appeal in


this Hon'ble Court, which is likely to succeed on the strength of the
grounds taken therein, which may also be read as a part of this
application.
2. That after passing of the order, the counsel representing the
present appellant had been engaged by the appellant to file the
present appeal, however shortly after the passing of the impugned
order the counsel for the appellant after suffering from some illness
unfortunately passed away and due to the sudden passing away of the
previous counsel the office of the counsel could not be looked after by
anyone from their family.
3. That appellant upon finally getting to know the status of the
case from the bereaved family of the counsel, the appellant engaged
another counsel and through him the present appeal has now been
filed.
4. That the delay in filing of the accompanying appeal is because of
the above mentioned facts. Thus the delay in filing of the
accompanying Appeal is totally inadvertent and without any malafide
intention and on account of above mentioned facts.
2

5. That the Hon’ble Apex Court in State of Nagaland Versus


Lipok AO and Ors. 2005(2) RCR (Criminal) 414 S.C —if has
observed that if the refusal to condone the delay results in grave
miscarriage of justice it would be ground to condone the delay. Further
it has been held that if the case is good on merits it also constitutes a
sufficient cause of condonation of delay reliance is placed upon Saroj
Versus Baljeet Singh 2010 (3) RCR (Civil) 929.

6. That no prejudice is likely to be caused to anyone in case the


delay in filing the accompanying appeal is condoned. Moreover, the
interest of justice and balance of convenience is also in favour of the
appellants.

It is therefore respectfully prayed that the present application


may kindly be allowed and the delay of ____ days may kindly be
condoned in the interest of justice.

Dated:

Place: Chandigarh

Through Counsel:

I.P.S. Mangat
P-1493-2011
(Advocate)
3

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

AFFIDAVIT

I, Harjeevan Kaur Garewal, W/O Late. Sh. K.S. Garewal, R/o


H.no 536, Sector 16-D, Chandigarh do hereby solemnly affirm and
declare on oath as under: -

1. That I have been read-over and explained the contents of the


above titled application and I have understood the same.
2. That I admit the said contents to be true and correct and affirm
the same by way of this affidavit.
3. That the said contents be read as part of this affidavit as well, to
avoid further repetition.

Dated: Deponent

VERIFICATION

It is verified that the contents of this affidavit from Paras


No.1 to 3 above are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

Dated: Deponent
4

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

APPLICATION for staying the operation,


execution/implementation of the order under
appeal, till the final disposal of the above titled
appeal.

Sir,

The applicant/appellant submits as under: -

1. That the above titled appeal has been filed in this Hon’ble Court
today.

2. That the true facts have been stated in the grounds of appeal
and the same be read as part of this application to avoid further
repetition.

3. That the prima facie case and balance of convenience are in


favour of the appellant/ applicant and the appellant/applicant is
hopeful of his success in the appeal.

4. That as stated in the grounds of appeal, the order under appeal


is prima-facie wrong, patently illegal, against the facts,
erroneous in law and deserves to be set-aside.

5. That for the grounds/reasons mentioned in the grounds of


appeal, the order under appeal deserves to be set aside, but by
ignoring the said facts, which are well within the knowledge of
5

respondent, the petitioner is further intending & threatening to


further sell the suit land, for which the petitioner has no right.

6. That in case the respondent succeeds in its said illegal intentions


and threats, the appellant shall suffer huge loss and irreparable
injury, not to be compensated in any terms lateron and there
shall be failure and miscarriage of justice as well.

7. It is, therefore, prayed that till the final disposal of the above
titled appeal, the operation, execution and implementation of the
impugned order may kindly be stayed, in the interest of law and
justice.

Dated:

Place:Chandigarh

Through Counsel:

I.P.S. Mangat
P-1493-2011
(Advocate)
6

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

AFFIDAVIT

I, Harjeevan Kaur Garewal, W/O Late. Sh. K.S. Garewal, R/o


H.no 536, Sector 16-D, Chandigarh do hereby solemnly affirm and
declare on oath as under: -

1. That I have been read-over and explained the contents of the


above titled application and I have understood the same.
2. That I admit the said contents to be true and correct and affirm
the same by way of this affidavit.
3. That the said contents be read as part of this affidavit as well, to
avoid further repetition.

Dated: Deponent

VERIFICATION

It is verified that the contents of this affidavit from Paras


No.1 to 6 above are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

Dated: Deponent
7

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

Application for exemption for filing of certified


copy of the order along with appeal.
RESPECTFULLY SHOWETH:

1. That the appellant/applicant has filed the accompanied appeal in


this Hon'ble Court, which is likely to succeed on the strength of the
grounds taken therein, which may also be read as a part of this
application.
2. That after passing of the order, the counsel representing the
present appellant had been engaged by the appellant to file the
present appeal, however shortly after the passing of the impugned
order the counsel for the appellant after suffering from some illness
unfortunately passed away and due to the sudden passing away of the
previous counsel the office of the counsel could not be looked after by
anyone from their family.
3. That appellant upon finally getting to know the status of the
case from the bereaved family of the counsel, the appellant engaged
another counsel and through him the present appeal has now been
filed.
4. That upon going through the record handed over by the
bereaved family of the previous counsel even certified copy of the
order could not be traced, and only the photocopy of the certified copy
was available on record.
8

5. That the appellant in order to avoid any further delay, chose to


file the present appeal by annexing the true photocopy of the certified
copy of the order.
6. That the appellant/applicant may kindly be exempted from filing
of certified copy of the order Annexure A-1, in the interest of justice
and true photocopy of the same may kindly be taken on record.

It is therefore, respectfully prayed that, That the


appellant/applicant may kindly be exempted from filing of certified
copy of the order Annexure A-1, in the interest of justice and true
photocopy of the same may kindly be taken on record.

Dated:

Place: Mohali

Through Counsel:

I.P.S. Mangat
P-1493-2011
(Advocate)
9

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)

AFFIDAVIT

I, Harjeevan Kaur Garewal, W/O Late. Sh. K.S. Garewal, R/o


H.no 536, Sector 16-D, Chandigarh do hereby solemnly affirm and
declare on oath as under: -

1. That I have been read-over and explained the contents of the


above titled application and I have understood the same.
2. That I admit the said contents to be true and correct and affirm
the same by way of this affidavit.
3. That the said contents be read as part of this affidavit as well, to
avoid further repetition.

Dated: Deponent

VERIFICATION

It is verified that the contents of this affidavit from Paras


No.1 to 3 above are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

Dated: Deponent
10

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

1. Kuldeep Singh Sandhu, Dream City NXT, Near DPS School. G.T,
Road, Village Manawala District Amritsar.
2nd address:
Dream City NXT, 18th Floor, Pent House, Narain Manjil 23,
Barakhamba Road, Connaught Palace, New Delhi-110001
through its Prop. /Authorized Signatory.

2. M/s Experience Virsa, Plot No. 18, 2 nd Floor, Industrial area,


Sector 32, Gurgaon- 122001, Haryana through its Prop.
/Authorized Signatory.
2nd address:
M/s Experion Virsa, Near DPS School, G.T. Road, Village
Manawala, District Amritsar through its Prop. / Authorized
Signatory.

3. M/s Excellency Land Developers. 486, Block B, Ranjit Avenue,


Amritsar through its Prop/Authorized Signatory
2nd address:
M/s Excellency Land Developers, Village Manawala Kalan, Tehsil
and District Amritsar through its Prop/Authorized Signatory

---APPELLANTS

Versus

Gram Panchayat Manawala Kalan, Block Verka, Tehsil Amritsar, District


Amritsar through its Sarpanch Sh. Sukhraj Singh.

---RESPONDENT

A P P E A L under section 7(2) of the Punjab Village


Common Lands (Regulations) Act, 1961, against the
11

order 31-03-2022, passed by the Court of Sh.


Sandeep Malhotra, Collector Panchayat Land cum
District Development and Panchayat Officer,
Amritsar, in File No. ASR/DDPO/SEC/2020/000665,
whereby, the learned officer below has wrongly
allowed the petition filed by the respondents under
section 7 of the Act for eviction of the appellant by
way of demolition of structure and removal of debris
from land measuring 21 kanals, bearing Khasra No.
226 (5-0) Gair Mumkin Khal, 227 (3-15) Gair
Mumkin Khal, 342 (1-19) Gair Mumkin Passage, 343
(8-12) Gair Mumkin Passage, 344 (1-6) Gair Mumkin
Passage, 345(0-8) Gair Mumkin Passage situated in
Village Manawala, Tehsil – Amristar-II, Dist
Amritsar, as per Jamabandi for the year 2014-2015.

CLAIMS IN APPEAL

Prayer for acceptance of the appeal, for setting-


aside the order under appeal and for allowing the
above said petition/application of the appellant with
costs, throughout.

GROUNDS OF APPEAL

Sir,
The grounds of appeal are as under: -

1. That the order appealed against is dated 31.03.2022. The


present appeal has been filed with a delay of days, an application
under section 5 of Limitation Act is also being filed separately with this
appeal for the condonation of delay. A copy of the order is attached
along with as Annexure A-1.
12

2. That the appellants are colonizers and they own/manage


colonies under the name and style of M/s Excellence, Dream City NXT,
Experion Virsa within the revenue estate of Manawala. The suit land as
mentioned in the headnote above is adjoining these colonies.
3. That these colonies have been duly approved from all
concerned authorities and after due sanctions being granted in favor of
the appellants. The map and layout plan of the colonies has also been
duly approved by all the authorities.
4. That the respondent Gram Panchayat moved an
application before the Ld. Collector under Section 7 of the Punjab
Village Common Lands Act, asking for the eviction of the appellant by
way of demolition of structure and removal of debris from land
measuring 21 kanals, bearing Khasra No. 226 (5-0) Gair Mumkin Khal,
227 (3-15) Gair Mumkin Khal, 342 (1-19) Gair Mumkin Passage, 343
(8-12) Gair Mumkin Passage, 344 (1-6) Gair Mumkin Passage, 345(0-8)
Gair Mumkin Passage situated in Village Manawala, Tehsil – Amristar-
II, Dist Amritsar, as per Jamabandi for the year 2014-2015.
5. That upon notice the applicant/appellants appeared before
the Ld. Collector and submitted their written statement and submitted
that no part of the Khal has been constructed over by the applicants
and has merely made an attempt to beautify the area by planting
some grass and flowers as the Khal is no longer in use and has not
been used for irrigation purposes since several decades.
6. That As regard the revenue rasta the applicants submitted
before the Ld. Collector that the revenue rasta has also not been
hindered or constructed upon by the applicants and rather revenue
rasta which earlier culminated into a dead end has been made
serviceable by the applicants as the same has been now connected by
the applicants at their own expense with the highway, thereby
connecting the village to the highway and providing an easier ingress
and egress point for the villagers.
7. That upon the application by the respondent under section
7 of the Punjab Village Common Lands Act before the Ld. Collector,
13

asking for eviction of the applicants, a request had been made for an
onsite spot verification to ascertain the actual position and to adjudge
whether any form of encroachment has been done by the applicants or
not.
8. That the applicants also submitted before the Ld. Collector
that prior to the construction of the colonies due approval had been
accorded by the department of Housing and Urban Development and
also NOC had been obtained from the Executive Engineer, Canal and
Drainage Department, Jandiala Guru ABDN, Amritsar.

9. That the applicant also submitted before the Ld. officer


below that the Govt. of Punjab has issued directions vide its Memo No
6/39/2010-6HGI to acquire all revenue raste falling within colonies to
facilitate planned urban development and also to promote
development of the villages. A copy of the notification is attached
along with as Annexure A-2.

10. That the order under appeal, which is not speaking one, is
based upon mere surmises and conjectures of the learned officer
below.

11. That the learned officer below has failed to observe that
the appellant is entitled to the relief prayed for and that the petitioner
has not come to the Hon’ble Court with clean hands and has
suppressed the true and material facts from the Hon’ble Court and that
the application deserves dismissal with heavy costs.

12. That the learned officer below has failed to observe that
the there is no unauthorized occupation by the applicants upon the
revenue rasta or even the Khal in question as due permissions have
already been taken from all concerned departments and even proper
NOC has been issued by the department of Canal and Drainage.

13. That the learned officer below has failed to observe that
the land in question is not to be purchased by the applicants rather the
14

same is to be acquired by the State Govt. and payment for the same is
to be made to the Gram Panchayat in light of the notification Annexure
A-2.

14. That the learned officer below further acted illegally,


arbitrarily, with material irregularities and that too in a mechanical
manner while passing the impugned order and as such, the order
under appeal deserves to be set-aside.

15. That the order under appeal is improper, against the


cannons of natural justice and deserves to be set-aside. The impugned
order is against natural justice and equity. Further, the same is sketchy
one and does not disclose the reason, as to why and under what
circumstances, the petition of the petitioner/appellant is dismissed.

16. That the order under appeal is not speaking one and
further, the same is without any foundation or basis.

17. That the learned officer below has wrongly passed the order
under appeal and the same has caused a great loss, grave injustice,
prejudice and irreparable injury to the appellant and in case the order
under appeal is not set-aside, the appellant shall suffer further huge
loss and irreparable injury, not to be compensated in any terms lateron
and there shall be failure and miscarriage of justice as well.

It is, therefore, prayed that the appeal of the appellant may


kindly be accepted, the impugned order may kindly be set-aside and
the petition of the petitioners for declaration of his ownership over the
land in question, may kindly be dismissed with costs throughout, in the
interest of law and justice.
Dated:
Place: Mohali
Through Counsel:
15

I.P.S. Mangat
P-1493-2011
(Advocate)
16

In the Court of Deputy Commissioner, Chandigarh (Exercising the


Powers of Commissioner).
Application No. _______ of 2024
IN
Appeal No.________ of 2024

Harjeevan Kaur Garewal VS Jaspreet Kaur Garewal


(In the matter of appeal)
AFFIDAVIT

I, Harjeevan Kaur Garewal, W/O Late. Sh. K.S. Garewal, R/o


H.no 536, Sector 16-D, Chandigarh do hereby solemnly affirm and
declare on oath as under: -

1. That I have been read-over and explained the contents of the


above titled appeal and I have understood the same.
2. That I admit the said contents to be true and correct and affirm
the same by way of this affidavit.
3. That the said contents be read as part of this affidavit as well, to
avoid further repetition.

Dated: Deponent

VERIFICATION

It is verified that the contents of this affidavit from Paras


No.1 to 3 above are true and correct to the best of my
knowledge and nothing has been concealed therefrom.

Dated: Deponent

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