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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Tikka Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J. - Through the instant writ petition, the petitioners seek the quashing of the order dated 14.7.2011 (Annexure P-11) passed by respondent No. 3, whereby the application filed by the Gram Panchayat concerned, under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short the Act of 1961') was allowed, and, also seek the quashing of the order dated 4.4.2012 (Annexure P-14), passed by respondent No. 2, whereby the appeal filed against the supra dated 14.7.2011, was dismissed, and, the said order became affirmed.
Brief facts of the case
2. It is averred in the instant petition, that initially the land onwers including the present petitioners had filed an application under Section 11(1) of the Act of 1961 with a prayer thereins, that the land described as Shamlat Deh Hasab Rasad Zare Khewat, was in possession of the land owners prior to the year 1942-43, and, thus the same was not shamlat deh land. Through an order dated 15.11.1994, passed by the learned Collector concerned, the said application was allowed, and, the applicants therein were declared to be the owners to the extent of their share of the land shown as Shamlat Deh Hasab Rasad
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....
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
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