The Punjab Village Common Lands (Regulation) Act, 1961
The Punjab Village Common Lands (Regulation) Act, 1961 The Punjab Village Common Lands (Regulation) Act, 1961
was comprised in the State of Punjab, the PunjabVillage Common Lands (Regulation) Act, 1953;or(ii) in re'lation to land situated in 1[part of the territory]which immediately before the 1st November, 1956,wascomprised inthe State ofPatiala and East PunjabStates Union, the Pepsu Village Common Lands(Regulation) Act, 1954; ,(i) '~tate Government" means the Government ofthe State of[Haryana].COMMENTARYAbadi deh - Shamlat deh - House constructed by a non-proprietor on orbefore 9.1.1954 (Commencement of Shamlat law) vests in non-proprietor -Section 4 (1) (b) not governed bySection 3 (1) -Ajit Singh's case 1976 P.L.J. 489and Raghbir Singh's case 1965 C.LJ. 154 over-ruled - Tara Chand's case 1971P.L.J. 808 (D.B.) distinguished -Lachhman Singh v.Gulzari, 1984P.L.J. 27(F.B.)Abadi Deb or Gora Deb -Street or lane -Gram Panchayat isempowered tochange user ofShamlat deh vested init-Land under street for alane within abadideh or gora deh falls under the definition ofShamlat land -Order of Panchayat isnot open to challenge unless found to be malafide -Section 4 Rules 3 -A GramPanchayat iscompetent to use ghair-mumkin Rasta within Phirni or abadi deh inany manner but subject to restrictions imposed by Rule 3 of Rules 1964 -Bishambar Dayal v.State oj Haryana, 1986P.LJ. 208 (F.B.) .Bacbat land - Distribution -Petitioner Panchayat has challenged the orderof Consolidation Authorities which had ordered to distribute the""Bachat Land"among the right holders of the Village on pro rata basis as per their shares - Itwas alleged that order of distribution of the land, mutated in the name ofPanchayat, after a lapse of 38 years was illegal - Secondly Consolidationauthorities had nojurisdiction to decide adisputed question of title -Held, thereis no force in the contention - Panchayat has no jurisdiction to deal with the"Bachat Land" which belongs to the ri~ht holders of the Village - There is nolimitation bar against correction of a mIstake as in the present case - Even entryof Mutation of "Bachat land" docs not confer any title of land on Panchayat -Gram Pallchayat Village Bhedpura v.Additional Director Consolidation, Punjab,11)1J7 I-I.R.R. 10D.B.Banjar Qadim - Shamlat Taraf - Banjar Qadim land recorded as such inrevenue record cannot be held to vest in Gram Panchayat unless it is being usedfor "common purpose of the village" - Gram Pallchayat Sadhraur (Dhumma) v.Baldev Singh and Others, 1977 (?.L.J.276 (F.B.)Constitutionality -Sec. 2 of amending Act of 1992 vide which addition hasbeen made to the definition contained in See. 2 (g) of the Principal Act is ultravires the Constitution of India -A necessary consequence ofAmending Act 1992is that lands reserved under the Consolidation Act, 1948 became property ofPanchayat which is'"State" within the meaning of Art. 12 of the Constitution -Such lands were earlier under the management of the Gram Panchayat -This actof the State to acquire the property without providing any compensation, iscomplete violation of Art. 31-A -Jai Singh v. State oj Haryana, 1995 HRR 69(F.B.) = 1995 (1) P.L.R. 614 -This judgment was set aside by Hon'ble SupremeCourt and case remitted to High Court for giving clear finding on question ofceiling limit ofrightholders -State ojHaryana v.JaiSingh, 1998HRR 585S.C.1.Substituted for the words "the territory" bythe Haryana Adaptation of Laws Order, 19682.Substituted for the word "Punjab" bythe ,Haryana Adaptation of Laws Order, 1968
Panchayat - Petition dismissed at the stage of motion hearing - GramPanchayat/Gram Sabha village Ugani v.State ofPunjab, 1997H.R.R. 612 D.B.Shamlat land - Petitioner purchased the land in dispute in 1944 - It wasbrought under petitioner's possession before 26.1.1950 - rhe land is excludedfrom the definition of "Shamlat Deh" under Section 2 (g) (iii) of the Act -Provision of Section 7of the Act not attracted -Surjan Singh v.Gram Panchayat,1995HRR 445 == 1995PU 423.Shamlat land -Taraf, Patti and Thola land -All lands described in revenuerecord as Shamlat TaraJ, pattis, pannas and Thola land ·cannot be treated asShamlat deh - Such land would vest in Panchayat only if used for commonpurpose of the village whether including entire community Grpart thereof -GramPanchayat Sadhraur (Dhumma) v.Baldev Singh and Others, 1977P.L.J. 276 (F.B.)******* .3.Lands to which thisAct applies.--(1) This Act shall applyand before the commencement this Act the Shamilat Law shall bedeemed always to have applied to all lands which are shamilat dehasdefined inclause (g) ofsection 2.1[(2) Notwithstanding anything confa,ined in sub-section (1)ofsection ~,--(i) ~here any land has vested in a panchayat under theshamilat law, but such land, other than excluded under sub-clause(ii-a) of clause (g) of section 2, has been excluded from shamilatdeh as defined inclause (g) ofsection 2,allrights, title and interestof the panchayat in such land, as from the commencement of thisAct, cease and such rights, title and interest shall be revested intheperson or persons in whom they vested immediately before thecommencement of the shamilat law; and the panchayat shalldeliver possession ofsuch land to such person or persons :Provided that where a panchayat is unable to deliverpossession of any such land on account of its having been sold orutilised for any of its purposes, the rights, title and interest of thepanchayat in such land shall not so cease but the panchayat shall,notwithstanding anything contained in Section 10, pay to theperson or persons entitled to such land, compensation to bedetermined in accordance with such principles and in such mannerasmay be prescribed;(ii) where any land has vested in apanchayat under this Act,but such land has been excluded from shamilat deh undersub-clause (ii-a) of clause (g) of section 2, all rights, title andinterest of the panchayat in such land, from the date of allotmentof such land by the Rehabilitation Department of the StateGovernment, shall cease and all such rights, title and interest shallvest in the person or persons to whom the land so excluded hasbeen allotted by the Rehabilitation Department of the State
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Panchayat - Petition dismissed at the stage of motion hearing - GramPanchayat/Gram Sabha village Ugani v.State of<strong>Punjab</strong>, 1997H.R.R. 612 D.B.Shamlat land - Petitioner purchased the land in dispute in 1944 - It wasbrought under petitioner's possession before 26.1.1950 - rhe land is excludedfrom the definition of "Shamlat Deh" under Section 2 (g) (iii) of the <strong>Act</strong> -Provision of Section 7of the <strong>Act</strong> not attracted -Surjan Singh v.Gram Panchayat,1995HRR 445 == 1995PU 423.Shamlat land -Taraf, Patti and Thola land -All lands described in revenuerecord as Shamlat TaraJ, pattis, pannas and Thola land ·cannot be treated asShamlat deh - Such land would vest in Panchayat only if used for commonpurpose of the village whether including entire community Grpart thereof -GramPanchayat Sadhraur (Dhumma) v.Baldev Singh and Others, 1977P.L.J. 276 (F.B.)******* .3.<strong>Lands</strong> to which this<strong>Act</strong> applies.--(1) This <strong>Act</strong> shall applyand before the commencement this <strong>Act</strong> the Shamilat Law shall bedeemed always to have applied to all lands which are shamilat dehasdefined inclause (g) ofsection 2.1[(2) Notwithstanding anything confa,ined in sub-section (1)ofsection ~,--(i) ~here any land has vested in a panchayat under theshamilat law, but such land, other than excluded under sub-clause(ii-a) of clause (g) of section 2, has been excluded from shamilatdeh as defined inclause (g) ofsection 2,allrights, title and interestof the panchayat in such land, as from the commencement of this<strong>Act</strong>, cease and such rights, title and interest shall be revested intheperson or persons in whom they vested immediately before thecommencement of the shamilat law; and the panchayat shalldeliver possession ofsuch land to such person or persons :Provided that where a panchayat is unable to deliverpossession of any such land on account of its having been sold orutilised for any of its purposes, the rights, title and interest of thepanchayat in such land shall not so cease but the panchayat shall,notwithstanding anything contained in Section 10, pay to theperson or persons entitled to such land, compensation to bedetermined in accordance with such principles and in such mannerasmay be prescribed;(ii) where any land has vested in apanchayat under this <strong>Act</strong>,but such land has been excluded from shamilat deh undersub-clause (ii-a) of clause (g) of section 2, all rights, title andinterest of the panchayat in such land, from the date of allotmentof such land by the Rehabilitation Department of the StateGovernment, shall cease and all such rights, title and interest shallvest in the person or persons to whom the land so excluded hasbeen allotted by the Rehabilitation Department of the State
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