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LISA GILL, RITU TAGORE
Jai Karan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Lisa Gill, J.
This order shall dispose of CWP Nos. 13647 of 1992 and 13944 of 2004, as both the writ petitions involve an identical question for adjudication and were hence taken up for hearing and adjudication together at request and with consent of learned counsel for the parties.
2. CWP No. 13647 of 1992, has been filed seeking quashing of Section 15 of the Faridabad Complex (Regulation and Development) Act, 1971 (for short 'the 1971 Act) being ultra-vires the Constitution of India with a further direction to the respondents to revert back the Shamilat Deh land of village Pali to the petitioners and others and restraining the respondents from interfering in the possession of the petitioners.
3. Notice of motion in CWP No. 13647 of 1992 was issued on 14.10.1992 and dispossession of the petitioners was stayed. The said writ petition was admitted on 19.11.1992 to be heard along with CWP No. 1952 of 1991. Ex parte stay granted on 14.10.1992 was vacated while observing as under:-
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 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 court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The Director (Consolidation) lacks the authority to approve land exchanges involving Gram Panchayat property; such matters must be resolved by the Panchayat for the benefit of all villagers.
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