2013 Supreme(P&H) 963

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Rajive Bhalla
The Hon’ble Mrs. Justice Rekha Mittal
Civil Writ Petition No. 7003 of 2011
Varinder Pal Singh & Ors.
v.
State of Punjab & Ors.
{Decided on 22/11/2013}

Headnote:Shamlat Patti--Where land is recorded as “Shamilat Patti” it would not vest in Gram Panchayat, as it is not used for the benefit of the village community or a part thereof for common purposes of the village.

       Shamlat Patti--Land described as ‘Shamilat Patti’ in column no 3 or 4 shall not vest in the Gram Panchayat, even if it is used as per revenue record, for the benefit of the village community or a part thereof or for common purposes in the village

       Shamilat Zail--Land described as “Shamilat Zail”, shall vest in Gram Panchayat as “Shamilat Deh”.

       (A) Punjab Village Common Lands (Regulation) Act, 1961, S.2(g)(3) & S.2(g)(v)--Shamlat Patti--Held; Where land is recorded as “Shamilat Patti” it would not vest in Gram Panchayat, as it is not used for the benefit of the village community or a part thereof for common purposes of the village. (Para 30)

       The first paragraph of the “Sharat Wazib-Ul-Arz” records that land in “Shamilat Patti” is in possession of owners or in cultivation of co-sharers who are in possession and they shall enjoy benefits of its produce and manage the same till its partition--It is further recorded that the lambardar is responsible for management of the cultivable land which is in occupation of non-occupancy tenants or which is banjar and its produce shall be divided amongst co-sharers of the Patti according to the area of their holding--A perusal of the first paragraph reveals that the rights in “Shamilat Patti” are exclusively reserved for proprietors of the Patti, who shall be entitled to derive benefit from the income of the Patti according to their share holdings.

       The second paragraph of the “Sharat Wazib-Ul-Arz” relates to grazing rights in “Shamilat Deh” and “Shamilat Patti” and records that owners and `cultivators’ of the concerned `Patti’ alone can graze their cattle in the land of “Shamilat Patti--A perusal of the “Sharat Wazib-Ul-Arz” clearly reveals that “ Shamilat Patti” is to be managed by a lambardar for and on behalf of members of the Patti, i.e., persons who hold proprietary interest in land belonging to the Patti and they alone shall have a right to graze their cattle over this land without any objection--The “Sharat Wazib-Ul-Arz” does not confer any right upon any other members of the village community to graze their cattle on the land belonging to “Shamilat Patti”--It is, therefore, apparent that where land is recorded as “Shamilat Patti”, proprietors of the Patti alone, shall be entitled to use the land for cultivation and grazing of cattle, to the exclusion of all else, including inhabitants of the village--Thus, where land is recorded as “Shamilat Patti”, it would not vest in the Gram Panchayat under Section 2(g)(3) of the 1961 Act and would be excluded under Section 2(g)(v) of the 1961 Act, as it is not used for the benefit of the village community or a part thereof or for common purposes of the village. (Para 30)

       (B) Punjab Village Common Lands (Regulation) Act, 1961, S.2(g)(3) & S.2(g)(v)--Shamlat Patti--Proof of--Held;

       (i) a person claiming benefit of Section 2(g)(3) or 2(g)(v) of the 1961 Act, would be required to prove that land is “Shamilat Patti” by reference to column nos. 3 and 4 of the jamabandi or such other relevant material and thereafter prove that the land is not used as per the revenue record by persons other than members/proprietors of the patti;

       (ii) The term “revenue record”, used in Section 2(g)(3) or 2(g)(v) of the 1961 Act, would include a jamabandi, a Sharat Wazib-ul-Arz or any other revenue record that may be relevant to prove that the land was not used for common purposes as provided by sections 2 (g)(3) or 2(g)(v) of the 1961 Act;

       (iii) Column no.3 or 4 of a jamabandi must record the word “Patti” along with the name of the Patti and the name of the lambardar--The absence of the word “Patti”, in column no.3 or 4, would raise a rebuttable inference that the land is not “Shamilat Patti”--Column no.4 of a jamabandi should after recording the name of the “Patti” record the share holdings of proprietors; and

       (iv) The nature of the land has to be inferred from column no.8 of a jamabandi and its user by reference to the “Sharat Wazib-Ul-Arz”. (Para 21)

       (C) Punjab Village Common Lands (Regulation) Act, 1961, S.2(g)(3) & S.2(g)(v)--Shamlat Patti--Held; Land described as ‘Shamilat Patti’ in column no 3 or 4 shall not vest in the Gram Panchayat, even if it is used as per revenue record, namely the “Sharat Wazib-UI-Arz” for the benefit of the village community or a part thereof or for common purposes in the village--Land described as “Shamilat Zail”, shall vest in Gram Panchayat as “Shamilat Deh”. (Para 33)

       (D) Words & Phrases--“Sharat Wazib UI-Arz”--It is a village administration paper and records the customs, rules and regulations of a village. (Para 12)