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SURESHWAR THAKUR, KULDEEP TIWARI
Harjit Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. validity of eviction orders and land ownership rights. (Para 1 , 2 , 3 , 4) |
| 2. dispute history and procedural background. (Para 5 , 6 , 7 , 8 , 9) |
| 3. arguments on land vesting and documentation. (Para 10 , 11) |
| 4. relevant statutory provisions of the act of 1961. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. court's analysis of land status and ownership claims. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. final decision affirming eviction orders. (Para 24) |
JUDGMENT
Kuldeep Tiwari, J.
Through the instant writ petition, the petitioners have assailed the validity of the concurrently made orders of eviction, drawn on 10.05.2012 (Annexure P-6) and 14.12.2015 (Annexure P-14), respectively by the learned Collector concerned and by the learned Commissioner concerned. The challenge to the orders (supra) is premised on the ground that the petition land(s) is recorded, in the relevant revenue record, as "abadi deh", therefore, by dint of provision of Section 2 (g)(1) and Section 4 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), the petition land(s) does not vest with the Gram Panchayat concerned.
2. Before proceeding to examine the validi
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
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....
The court established that the Gram Panchayat has the right to claim ownership of land classified as 'Shamilat Deh' under the Punjab Village Common Lands Act, and private claims must be substantiated....
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 emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
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