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C. T. RAVIKUMAR, RAJESH BINDAL
Dalip Ram – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
C.T. RAVIKUMAR, J.
1. The contentions and the factual matrix involved in the captioned Special Leave Petitions would reveal that the bone of contentions in them, essentially is one and the same viz., whether the subject lands were Shamlat deh, allotted (if at all allotment was there) on quasi-permanent basis to displaced person(s) or whether they were Shamlat deh otherwise transferred to any person by sale or by any other manner whatsoever after commencement of Punjab Village Common Lands (Regulation) Act, 1961 (for short, ‘the Act’). An answer to that question in the affirmative would fetch protection to such allotment or transfer by sale or by any other manner, statutorily by virtue of the amendment of Section 2(g)(ii-a) of the Act. Hence, the fate of most of these Special Leave Petitions is dependent mainly on that question. Needless to say, that some allied questions may also crop up for consideration. Special Leave Petition No.8687 of 2012 is taken as the lead case and wherever any allied question also crops up and if found relevant, we will refer to such question(s) appropriately and also deal with them. Before dealing with the lead case and also the contentions, it
The court affirmed that lands designated as Shamlat deh cannot be claimed by lessees post lease expiry, emphasizing the distinction between lease and allotment under the Punjab Village Common Lands A....
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The classification of lands as shamlat patti is upheld; civil courts lack jurisdiction over ownership disputes regarding shamlat deh lands under the Act.
The court affirmed that land classified as 'Banjar Qadim' does not vest in the Gram Panchayat unless proven otherwise, and the presumption of truth in revenue records was upheld, leading to the dismi....
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