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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Gram Panchayat – Appellant
Versus
Financial Commissioner, Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Since all the writ petition(s) involve common questions of facts and law, besides since the impugned orders are similar in all the writ petition(s), therefore, they are amenable to be decided through a common order.
2. The instant writ petition(s) have been instituted by Gram Panchayat of village Bajaj, Tehsil and District Kapurthala, whereins, the petitioner prays for the quashing of the order dated 05.03.1998 and of order dated 29.09.2000, as made respectively by the District Development and Panchayat Officer-cum-Collector, Jalandhar, and, by the Financial Commissioner (Development), Punjab (exercising the powers of Commissioner), Chandigarh.
Factual Background.
3. For the sake of brevity, the facts of CWP-15189-2000 are taken here for deciding the instant controversy.
4. The land in dispute was given on lease to the predecessor of respondent No. 3, one Nirmal Singh and others. The said land was further given on Chakota to Nirmal Singh etc., in the year 1972-73 for Rs. 900/-, in the year 1973-74 for Rs. 1800/- and in the year 1975-76 for Rs. 1400 and so on.
5. On expiry of the lease period, the private respondents filed civil suit(s) for rendition(s) of d
A claimant must prove individual cultivating possession prior to 1950 under exclusionary clause provisions for land ownership rights under relevant statutes.
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 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 main legal point established in the judgment is the interpretation of 'Shamlat Deh' under the Punjab Village Common Lands (Regulation) Act, 1961 and the significance of continuous possession in d....
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