Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court
Live LawThe 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 Gram Panchayats/Municipalities. There is no quarrel that Section 23-A never vested ownership or title of such lands in the Gram Panchayat.” The observations were made while hearing a bunch of writ petitions challenging executive instructions issued by the States of Haryana and Punjab through which ownership rights of the redistributed Shamlat lands were sought to be transferred in favour of the Gram Panchayat/Municipalities and seeking implementation of the judgement of the Supreme Court in Jai Singh’s case in its true letter and spirit. “It is, thus, held that where the lands which were at one point of time proposed to be meant for ‘common purposes’ but at the time of consolidation or thereafter before 11.02.1992, rather were returned to the proprietors and were never reserved or ear-marked for common purposes, then such lands did not come under the management and control of the Gram Panchayats and ownership and title of such lands remained unaffected by Haryana Act 9 of 1992,” the court said. In conclusion the court held: “Impugned Executive Instructions issued by the States of Haryana and Punjab whereby ownership rights of the lands in question are sought to be transferred in favour of the Gram Panchayat/Municipalities, through Executive fiat, are held to be contrary to the very scheme of the Statute and are hereby quashed, particularly in view of the fact that these executive instructions cannot result into arbitrary cancellation of valid title over the properties.” The court further directed the states of Haryana and Punjab to give effect to the Judgment of the Supreme Court in Jai Singh's case in the following manner: Where the lands continue to be shown as reserved for ‘common purposes’, whether utilized or unutilized, the ownership of such land shall vest in the Gram Panchayat or the, as the case may be.
History of this topic
30 years on, probe indicts 8 revenue officials for illegal selling of ‘shamlat’ land
Hindustan Times
Law Enacted For Agrarian Reforms Not Violative Of Right To Property Under Article 300-A Of Constitution: Punjab & Haryana High Court
Live Law
Land Allotment: Panchayat Can Exempt Certain Category Of Persons From Charges But Only On Ground Of Poverty: P&H High Court
Live Law
SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’
Hindustan Times
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
SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land
Hindustan Times
'Part Of Agrarian Reform, Protected By Article 31A Constitution': Supreme Court Upholds 1992 Haryana Amendment To Punjab Village Common Lands (Regulation) Act
Live Law
Village common land cannot be sold: Supreme Court
Hindustan Times
Menace Of Encroachments On Public Properties Creating Obstructions To Planned Development Of Nation: P&H High Court
Live Law
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
Set Up 'Public Land Protection Cells' Across State To Check Encroachments: Madhya Pradesh High Court To State Govt
Live Law![Can't Direct State To Decide Representation Of Land Owners To De-notify Land Under Acquisition; The State In Its Discretion Can Do So: P&H HC [Read Order]](https://www.livelaw.in/h-upload/images/land-acquisition-act-ll-size.jpg)
Can't Direct State To Decide Representation Of Land Owners To De-notify Land Under Acquisition; The State In Its Discretion Can Do So: P&H HC [Read Order]
Live LawDiscover Related
![100 Important Supreme Court Judgments Of 2024 - Part 2 [26-50]](https://www.livelaw.in/h-upload/2024/12/18/577182-100-important-judgments-of-2024-part-2.jpg)
![Delhi High Court Monthly Digest: November 2024 [Citations 1193 - 1304]](https://www.livelaw.in/h-upload/2022/02/01/408682-delhi-high-court-monthly-digest.jpg)
