150. PREVENTION OF ENCROACHMENT ON COMMON LANDS- (1) Where land which

has been reserved for the common purposes of the co-sharers therein has been encroached on by

any co-sharer, a Revenue Officer may, on the application of any other co-sharer, eject the

encroaching co-sharer from the land, and by order proclaimed in manner mentioned in Section 22,

forbid repetition of the encroachment.

2) The proceedings of Revenue Officer under sub-section (1) shall be subject to.- any decree

or order which may be subsequently passed by any Court

of competent jurisdiction .

2) under section 150 Revenue officer has full powers to remove encroachments by co sharer on common lands . it only provides that any such order passed by RO shall be subject to orders passed by court in case any co sharer moves court to challenge order passed by RO

3) the wordings of section is clear . what RO is seeking to do in your case is asking you to move court and obtain orders for removal of encroachments . if any such order is passed RO will execute the court order

4) unable to find any judgements

1) The general principles governing the rights of the co-owners in the common land are no longer in dispute. Where land is held in common by several persons, one co-sharer is entitled in law to cultivate any portion of the joint land, and the other co-owners have no right to object to his cultivation of the land so long as the common land is used for legitimate purposes and is not prejudicial to the eights of the other co-owners, and the exclusive possession of the said co-owner does not amount to ouster of the other co-owners, their remedy being confined to only compensation for the exclusive use of the joint land according to their shares.

2) under section 150 of punjab land revenue act if one co owner encroaches on land reserved for common purposes encroachment can be removed by obtaining order of RO

1. How can we provide you a judgment? What the DC has asked you is to furnish a judgment from the court specifically passed in your favour.

2. If your land or land which was being used by you has been encroached then the legal recourse available to you is to file a case for removal of encroachment in the court. The DC has no authority to order the removal of encroachment. You have to knock at the doors of the civil court.

1. If you have been using the encroached land for 35/40 years then being a co-sharer is not essential to initiate the action for encroachment.

2. The fact that you have been using the land for the past 35 years entitles you to further use and also to maintain action for the removal of all obstacles.

1. Has the DC asked you produce a order/Decree passed by any court under section 150(2) in your favour?

2. If yes, then you shall have to submit that you have not yet applied for the relief under the said section before any Court and the fact is that you have been using the path for 35/40 years.

1. Co-sharer means he who shares a property or an utility alongwith others,

2. You are the co-sharerer of the Utility or co-user of the path.