Back
SURESHWAR THAKUR, KULDEEP TIWARI
Mitha Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The present case is the best example of how nepotism and prevalence of corruption, at the grass root level of administrative hierarchy, can deprive the poor of this country from their basic entitlements and defeat the very object of any benevolent scheme floated by the State. This is the fourth round of litigation before this Court either by the petitioners or by the respondents, only to determine the eligibility of the petitioners under the scheme floated by the Government of Punjab for allotment of 5-5 marla plots to the members of the Scheduled Caste category and other poor landless labourers. Since this case has a long chequered history, therefore, in order to give quietus to the dispute once and for all, it is now imperative for us to deal with the facts in detail.
Factual Aspects
2. Rule 13-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (in short, the Rules of 1964) framed under the Punjab Village Common Lands (Regulation) Act, 1961, authorises the Gram Panchayats within the State, with the previous approval of the State Government, to allot plots from Shamlat Deh land, free of costs, to landless workers, residing in the Sabha area,
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
The Court emphasized the eligibility of long-term residents for allotment and the responsibility of TNSCB officials in managing allotted lands.
The court emphasized the need to consider the living conditions and rights of the slum dwellers and directed the respondents to allot the plots to the petitioners after verifying their documents and ....
The main legal point established in the judgment is that Section 42A of the 1948 Act does not divest the proprietary body of its title to the land reserved for common purposes, and the compensation f....
Discretionary quotas must satisfy criteria of reasonableness as required by Article 14 of the Constitution.
Locus standi and substantiation of challenges are crucial in writ petitions, and failure to provide evidence can lead to dismissal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
