The Gram Panchayat can only alienate shamlat deh lands for village benefit; any resolution lacking proof of ownership is legally invalid, and jurisdictional overreach by the Collector is impermissible.

JUDGMENT

Sureshwar Thakur, J.

The gravamen of the lis, as encapsulated in the instant writ petition, is that, through a Resolution made on 28.04.1995, the petition lands comprised in Khasra No.90, 93, 94 and 95, became alienated by the Gram Panchayat concerned, in favour of co-respondent No.2, petitioner herein.

2. The said Resolution, thus leading to the making(s) of alienations of the Khasra numbers (supra), resulted in an appeal under Section 6 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act of 1961'), being instituted thereagainst, by the aggrieved proprietors, over the disputed Khasra numbers (supra), who are impleaded as co-respondents No.4 to 7 hereins. The said appeal succeeded, through the makings of Annexure P-22, leading the aggrieved therefrom, to institute the instant writ petition before this Court, whereby, a challenge is thrown to Annexure P-22.

3. The challenged Resolution of the Gram Panchayat concerned, and, which has resulted in the making of Annexure P-22, was made in terms of Section 5 of the Act of 1961. Therefore, it is but imperative to extract the relevant sub-section (1) of Section 5 of the Act of 1961, provisions whereof become extracted hereinafter.

"5. Regulation of use and occupation, etc., of lands vested or deemed to have been vested in Panchayats.- (1) All lands vested or deemed to have been vested in a Panchayat under this Act, shall be utilised or, disposed of by the Panchayat for the benefit of the inhabitants of the village concerned in the manner prescribed:

Provided that where two or more villages have a common Panchayat, Shamilat Deh of each village shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that village:

Provided further that where there are two or more shamilat tikkas in a village, the Shamilat tikka shall be utilised and disposed of, by the Panchayat for the benefit of the inhabitants of that tikka:

Provided further that where the area of land in shamilat deh of any village so vested or deemed to have been vested in Panchayat is in excess of twenty-five per cent of the total area of that village (excluding abadi deh) then twenty-five per cent of such total area shall be left to the Panchayat and out of the remaining area of shamilat deh an area up to the extent of twentyfive per cent of such total area shall be utilised for the settlement of landless tenants and other tenants ejected or to be ejected of that village and the remaining area of shamilat deh, if any, shall be utilised for distribution to small land owners of that village subject to the provisions relating to [permissible area under the Haryana Ceiling on Land Holdings Act, 1972, by the Assistant Collector of the first grade] in consultation with the Panchayat [in such manner and on payment of such amount as may be prescribed]"

4. The above extracted provision bestows a statutory right in the Gram Panchayat concerned to, in respect of all lands vested or deemed to have been vested in the Panchayat under the Act of 1961, thus dispose of such lands but with a rider, that the alienation(s) or disposal(s) of such lands rather being for the benefit of the village proprietary body concerned. Moreover, the manner of disposal or alienation of such shamlat deh lands, is prescribed to be made in the manner, as detailed in the statutory provisions, thus engrafted in Section 5 of the Act of 1961. Therefore, the Gram Panchayat concerned became well enabled to alienate or dispose of shamlat deh lands, but, only for the benefit of the inhabitants of the village concerned, besides in the manner prescribed in the said provision.

5. Imperatively so, the instant alienation(s) or disposal(s), through a Resolution beco