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SURESHWAR THAKUR, LALIT BATRA
Bhagwan Kaur – Appellant
Versus
Gram Panchayat Village Kamaspur – Respondent
JUDGMENT
Mr. Lalit Batra, J.
This petition under Article 226 of the Constitution of India has been filed by petitioner-Bhagwan Kaur, seeking quashing of order dated 17.08.1995 (Annexure P-3), passed by Joint Development Commissioner, Punjab (Exercising the Powers of Commissioner), (hereinafter to be referred as 'Commissioner'), vide which Appeal No.12 of 1992 under Section 11(2) of Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter to be referred as 'Act, 1961'), filed by respondent-Gram Panchayat, Village Kamaspur (hereinafter to be referred as 'respondent'), against order dated 29.11.1991 (Annexure P-2) passed by the Collector/D.D.P.O., Patiala (hereinafter to be referred as 'Collector'), was accepted and a declaration has been issued that land comprised in Khewat/Khatauni No.72/158, Khasra No. 30/17(9-9), 18(7-16), 23(8-6), 24(8-16), 32/2(2-0), 3(8-0), 4(9-5), 6(2-8), 7(8-0), 8(7-9), 14(6-1), measuring 76 Kanals - 10 Marlas, situate in village Kamaspur, Tehsil Samana, District Patiala, belongs to Gram Panchayat and as Bhagwan Kaur is in unauthorized possession of the land in dispute, she has been ordered to be dispossessed from the said land.
2. Petitioner's case in b
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....
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
The central legal point established in the judgment is the interpretation and application of Section 4(3)(ii) of the Punjab Village Common Lands Act, 1961 in determining the possession and rights of ....
The court emphasized that mere claims of ownership are insufficient; prima facie evidence of title must be established to invoke eviction proceedings under the Punjab Village Common Lands Act.
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