Village common land cannot be sold: Supreme Court
2 years, 8 months ago

Village common land cannot be sold: Supreme Court

Hindustan Times  

: Thousands of acres of village common land in Haryana sold off by shareholders or gram panchayat for monetary gains would get freed with the owners being ousted following a Supreme Court ruling on Thursday. Village common land cannot be sold: Supreme Court A bench of Justices Hemant Gupta and V Ramasubramanian held that the entire land reserved for common purposes by applying pro-rata cut had to be utilised by the gram panchayat for the present and future needs of the village community. “Neither the Punjab village common lands Act, 1961 nor the consolidation of holdings Act, 1948 contemplates redistribution of land to the proprietors. Therefore, once land vests with the Panchayat, it can be used for common purposes of the community and will never revert back to the proprietors,’’ the SC said, dismissing the appeals filed by proprietors.

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History of this topic

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition
4 months, 1 week ago

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition

Live Law  

The Supreme Court on Monday dismissed an appeal filed by the State government of Himachal Pradesh challenging the division bench's order of the Himachal High Court which had stated that the government forcibly acquired private property violating the fundamental right under Article 300A of the Indian Constitution. Justice Datta at the outset asked the advocate for the appellant: “Your subject …

Coparceners Cannot Alienate Any Specific Share Of Land Belonging To Hindu Joint Family Property Other Than Their Own Share: Madhya Pradesh HC
4 months, 2 weeks ago

Coparceners Cannot Alienate Any Specific Share Of Land Belonging To Hindu Joint Family Property Other Than Their Own Share: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court has discussed the issue of the sale of a part of land belonging to a Hindu joint family property. Therefore, at the most the petitioners can be said to have purchased a share of coparceners/Co-sharer still they are not entitled for any specific piece of land.” The court stated that in a coparcenary, a person's …

30 years on, probe indicts 8 revenue officials for illegal selling of ‘shamlat’ land
8 months, 2 weeks ago

30 years on, probe indicts 8 revenue officials for illegal selling of ‘shamlat’ land

Hindustan Times  

Patiala : An inquiry report has indicted eight officials of the revenue department for illegally selling 13,320 square yards of common panchayat land in Rajpura town of Patiala district more than 30 years ago. An inquiry report has indicted eight officials of the revenue department for illegally selling 13,320 square yards of common panchayat land in Rajpura town of Patiala …

VH question sale of temple lands online in Hyderabad
1 year, 3 months ago

VH question sale of temple lands online in Hyderabad

Deccan Chronicle  

HYDERABAD: Former PCC president V. Hanumantha Rao said it was unacceptable that the BRS government had allegedly auctioned a five-acre parcel of land belonging to a Shiva temple in Khanapur village of Gandipet mandal. The government says there is no land to build double bedrooms but hands over land to the rich,” said Hanumantha Rao, a former Rajya Sabha member. …

In phase 2, Punjab govt to reclaim over 6,000 acres of panchayat land
1 year, 7 months ago

In phase 2, Punjab govt to reclaim over 6,000 acres of panchayat land

Hindustan Times  

The Punjab government has set a target of vacating 6,292 acres of illegally possessed panchayat land by June 10. A recent survey by the rural development and panchayats department Punjab revealed that the government owns 140,441 acres more village common land than what was on their records. In total, 6,292 acres of land will be repossessed in the second phase,” …

Land Allotment: Panchayat Can Exempt Certain Category Of Persons From Charges But Only On Ground Of Poverty: P&H High Court
1 year, 8 months ago

Land Allotment: Panchayat Can Exempt Certain Category Of Persons From Charges But Only On Ground Of Poverty: P&H High Court

Live Law  

The Punjab and Haryana High Court has dismissed the writ petitions challenging the rejection of a Gram Panchayat's resolution to allocate land certain individuals under proviso to sub-Rule 4 of Rule 8 of the Haryana Village Common Lands Rules, 1964, The division bench of Justices Sureshwar Thakur and Kuldeep Tiwari ruled that the Gram Panchayat has no authority to carve …

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 8 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law  

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court
1 year, 9 months ago

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently held that the partitioned or redistributed Shamlat Deh lands which were proposed or shown to be reserved for common purposes under the Consolidation Scheme of East Punjab Holdings Act, 1948 and were held to have never come under the management and control of the Gram Panchayats/ Municipalities, do not automatically vest in the …

Supreme Court Annual Digest 2022- Land Laws
1 year, 11 months ago

Supreme Court Annual Digest 2022- Land Laws

Live Law  

Agricultural Produce Markets Act, 1961 - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. Special Land Acquisition Officer v. N. Savitha, 2022 LiveLaw 316 : 7 SCC 256 Land Acquisition Act, 1894; Section 11A, 17 - The provision contained in Section 11A shall be applicable to …

Common land can’t be sold for plantation to government agencies: HC
2 years, 1 month ago

Common land can’t be sold for plantation to government agencies: HC

Hindustan Times  

Shamlat deh in a village/panchayat can’t be sold even for plantation to government agencies, the Punjab and Haryana High Court has held. The HC bench of justice Lisa Gill and Harsh Bunger said that although the change of user of shamlat deh land by the gram panchayat is vested in it under the Punjab Village Common Lands Act, 1961, the …

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’
2 years, 6 months ago

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’

Hindustan Times  

Land chunks described in the revenue records as shamilat deh and wrongly partitioned and alienated would now be restored to gram panchayats in Haryana following an April 7 Supreme Court judgment. An SC bench comprising Justice Hemant Gupta and Justice V Ramasubramanian in its landmark April 7 judgment had ruled that the village common land can neither be repartitioned among …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 7 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land
2 years, 8 months ago

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land

Hindustan Times  

Following the recent Supreme Court orders that village common land can neither be repartitioned among the proprietors nor sold, the Haryana government has started the process of restoring illegally-sold land chunks back to the gram panchayats. As per the decision taken by the state government, mutations will be entered by the halqa patwari of land recorded as ‘shamilat deh’ in …

'Part Of Agrarian Reform, Protected By Article 31A Constitution': Supreme Court Upholds 1992 Haryana Amendment To Punjab Village Common Lands (Regulation) Act
2 years, 8 months ago

'Part Of Agrarian Reform, Protected By Article 31A Constitution': Supreme Court Upholds 1992 Haryana Amendment To Punjab Village Common Lands (Regulation) Act

Live Law  

The Supreme Court has upheld the validity of the 1992 Haryana Amendment to the Punjab Village Common Lands Act. In this Act, unless the context otherwise requires- xxx xxx xxx shamilat deh" includes xxx xxx xxx lands reserved for the common purposes of a village under Section 18 of the East Punjab Holdings Act, 1948, the management and control whereof …

Persons Who Purchased A Portion Of Paddy Land After Commencement Of Act Can't Reclaim It For Residential Use: Kerala High Court Overrules Earlier Precedent
2 years, 8 months ago

Persons Who Purchased A Portion Of Paddy Land After Commencement Of Act Can't Reclaim It For Residential Use: Kerala High Court Overrules Earlier Precedent

Live Law  

The Kerala High Court on Wednesday held that owners of a portion of a paddy field who purchased it after the enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008 are not entitled to reclaim it for the purpose of residential use. However, as per Section 5, a Local Level Monitoring Committee can recommend to the District Level …

Menace Of Encroachments On Public Properties Creating Obstructions To Planned Development Of Nation: P&H High Court
3 years, 2 months ago

Menace Of Encroachments On Public Properties Creating Obstructions To Planned Development Of Nation: P&H High Court

Live Law  

The Punjab and Haryana High Court recently observed that the menace of encroachments on public properties are creeping up day-by-day and creating obstructions to the planned development of the nation. The Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma observed thus while dealing with a plea filed by one Gurmukh Singh, accused of encroaching upon a common …

Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice
3 years, 4 months ago

Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in a special leave petition which raised the issue whether oral exchange of land in the rural areas of state of Punjab requires registration or not?In this case, the Punjab and Haryana High Court noted that Section 118 of the Transfer of Property Act is not applicable to the rural areas of the State of …

CB Judgment In Indore Development Authority Case Doesn't Affect Haryana Govt's Power U/s 101A RFCTLARR To Denotify Acquired Lands: Supreme Court
3 years, 5 months ago

CB Judgment In Indore Development Authority Case Doesn't Affect Haryana Govt's Power U/s 101A RFCTLARR To Denotify Acquired Lands: Supreme Court

Live Law  

The Constitution Bench judgment in Indore Development Authority case will not affect the power of the Government of Haryana under Section 101A of the RFCTLARR Act, to denotify the land acquired under the old Land Acqusition Act for stated reasons in public interest, the Supreme Court observed.The bench comprising Justices AM Khanwilkar and Sanjiv Khanna observed that denotification can be. …

Set Up 'Public Land Protection Cells' Across State To Check Encroachments: Madhya Pradesh High Court To State Govt
3 years, 6 months ago

Set Up 'Public Land Protection Cells' Across State To Check Encroachments: Madhya Pradesh High Court To State Govt

Live Law  

In order to provide a statewide solution to the problems related to encroachment, the Madhya Pradesh High Court has directed the Chief Secretary of the State to devise a permanent body designated as Public Land Protection Cell with District Collector as its Chairman and officer of the Rank of Tehsildar as its Member Secretary.The Bench of Chief Justice Mohammad Rafiq …

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