Hc Stays Sc Panel Order Restraining Panchayat Land Eviction In Ludhiana, Legal News, ET LegalWorld – Legal Firms

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The Punjab and Haryana high court has stayed the order of National Commission for Scheduled Castes (NCSC) restraining Ludhiana district administration from evicting some residents of Bhama Kalan village from 200 acres of land. The HC has also ordered maintaining of status quo on the land till it examines the entire issue.

Justice Lisa Gill of the HC has passed these orders while hearing a plea filed by the panchayat of Bhama Kalan village challenging the May orders in which Vijay Sampla, chairperson of the NCSC had stayed the eviction of residents from the panchayat land.

In its plea, the village panchayat has submitted that the orders directing the villagers were passed by the district administration after following due procedure. However, instead of challenging those orders before the court of law or higher authorities, the residents, who were occupying the village’s common land for a long time in an unauthorised manner, had approached the National Scheduled Caste Commission, giving an impression that they were being illegally evicted from the land in question.

Counsel for the petitioners contended before the HC that there was no reference of eviction orders passed against them in the representation submitted to the NCSC by the villagers on the basis of which the commission had passed its orders on May 18. The HC has also been informed that the order dated May 18 has been passed by the commission without jurisdiction. After hearing the contentions raised by the village panchayat, the HC ordered that the “operation of impugned order dated May 18 passed by the commission shall remain stayed till the next date of hearing”. The matter has been adjourned for December 7 for further hearing when the state would come up with the complete record pertaining to the land.

Over 50 residents who have been occupying the land have also been asked to submit detailed replies on the issue. In their plea before the NCSC, the occupants of the land, who had been claiming possession of land for decades, had submitted that no other government had ever asked them to vacate the land before the AAP government in Punjab ordered their displacement.



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