The omission of provisions related to shamlat deh in the Punjab Village Common Lands Act is unconstitutional, infringing on riparian owners' property rights without due compensation.

JUDGMENT :

SURESHWAR THAKUR, J.

1. Since all the writ petitions (supra) make a common challenge to the constitutionality of the impugned notification(s), wherebys it omitted Section 2(g)(i), as earlier thereto became carried in the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act of 1961’), therefore, all the writ petitions (supra) are liable for being decided through a common verdict.

2. In CWP-22738-2016, the petitioners seek the quashing of the notification dated 23.7.2007 issued by the Government of Punjab, enacting the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 2007 (Punjab Act No. 6 of 2007) (for short ‘the Act of 2007’), vide which Section 4 2 -A of the Act has been inserted in the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short ‘the Act of 1948’), and also seek the quashing of the notification dated 27.4.1976. The petitioners also seek the quashing of the order dated 28.12.2015 whereby the claim of the petitioners with regard to the makings of changes in the revenue record regarding their ownership, thus has been dismissed.

3. In the petition (supra), it is averred that the instant petition pertains to land measuring 755 kanals 19 marlas situated at village Jodhwal, Sub Tehsil Shri Machhiwara Sahib, Tehsil Samrala, District Ludhiana. It is further averred therein that village Jodhwal was set up by a person namely Udaisi, in the name of his father Jodh. The said Udaisi was recorded as owner of land measuring 755 kanals 19 marlas of village Jodhwal, as per Kursinama of village Jodhwal. The said Kursinama is also known as Wajibul- Arz of the said village. It is futher averred in the petition (supra), that the said wajib-ul-arz was prepared in the year 1881-82. It is also averred thereins, that in the column of ownership of jamabandi for the year 1912-13, there exists an entry of shamlat deh hasab paimana haquiat, and, in the jamabandis for the year 1916-17 and for the year 1944-45, mutation qua gift deeds, mortgage and inheritance was incoroporated. It is further averred thereins, that in the year 1960-61, consolidation of the village Jodhwal took place and in missal hakiat ownership of 511 share was incorporated in sajranasab of the year 1960-61, and, the ownership of the proprietors of the village was kept intact. It is further averred therein that after consolidation, thus the jamabandi was prepared in the year 1961-62, whereins, the revenue department concerned wrongly incorporated the ent