The main legal point established in the judgment is the exclusive jurisdiction of the Court of the Collector under Section 11 of the 1961 Act to decide disputes related to the ownership of land, and the bar on the jurisdiction of Civil Courts in such matters.

ANIL KSHETARPAL, J.

1. With the consent of the learned counsel representing the parties, Regular Second Appeal No. 2188 of 1989 and Civil Writ Petition No. 16335 of 1996, which are inter se connected, shall stand disposed of.

2. In order to comprehend the controversy involved in these two cases, it is significant to take note of the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as “the 1961 Act”) and a Constitution Bench judgment in Gram Panchayat of Village Jamalpur v. Malwinder Singh and Others (1985) 3 SCC 661.

3. In order to consolidate and amend the laws regulating the rights in Shamlat Deh and Abadi Deh, the State Legislature has enacted the Punjab Village Common Lands (Regulation) Act, 1953 (hereinafter referred to as “the 1953 Act”) and the Pepsu Village Common Lands (Regulation) Act, 1954 (hereinafter referred to as “the 1954 Act”). However, after repealing both the aforementioned Acts, the 1961 Act was enacted, which received the assent of the President of India on 16.04.1961. Section 2(g) of the 1961 Act defines “Shamilat Deh” which reads as under:-

(g) "shamilat deh" includes

(1) lands described in the revenue records as shamilat deh excluding abadi deh;

(2) shamilat tikkas;

(3) lands described in the revenue records as shamilat, Tarafs, Pattis, Pannas and Tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village;

(4) lands used or reserved for the benefit of the village, community including streets, lanes, playgrounds, school, drinking wells, or ponds within abadi deh or gorah deh; and

(5) lands in any village described as banjar qadim and used for common purposes of the village, according to revenue records;

but does not include land which-

(i) (-----)

(ii) has been allotted on quasi-permanent basis to a displaced person;

(ii-a) was shamilat deh, but, has been allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this Act, but on or before the 9th day of July, 1985.

(iii) has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950;

(iv) having been acquired before the 26th January, 1950, by a person by purchase or in exchange for proprietary land from a co-sharer in the shamilat deh and is so recorded in the Jamabandi or is supported by a valid deed; and is not in excess of the share of the co*sharer in the shamilat deh.

(v) is described in the revenue records as Shamilat, Taraf, Pattis, Pannas, and Thola and not used; according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village;

(vi) lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act;

(vii) (-----)

(viii) was shamilat deh, was assessed to land revenue and has been in the individual cultivating· possession of co-sharers not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950; or

(ix) was being used as a place of worship or for purposes, subservient thereto, immediately before the commencement of this Act.”

In common parlance, Shamilat Deh is the land which is reserved, assigned or utilized for the common purposes of the village.

4. Section 11 of the 1961 Act confers exclusive power to the Collector to decide the right, title or interest in any land, vested or deemed to have vested in a Panchayat. Any person claiming that any land has not been so vested in the Panchayat is also required to file a suit under Section 11 of the 1961 Act in the Court of the Collector. Section 11 of the 1961 Act reads as under:-

“11. Decision of claims of right, title or interest in shamilat deh.-

(1) Any person or a Panchayat claiming right, title or interest in any land, vested or deemed to have been v