Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(vii) -- Shamlat Deh - Exclusion from - Held, a person claiming that his land is excluded from `shamilat deh' u/s.2(g)(viii) of the Act is required to prove that - (a) land has been in individual cultivating possession of co-sharers (b) it is not in excess of their respective shares in such `shamilat deh' and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(2)(viii) -- Shamlat Deh Hasab Rasad Zar Khewat - Banjar Quadim - Perusal of jamabandis for the year 1938-39 and 1942-43 reveals that disputed land recorded as `Shamlat Deh Hasab Rasad Zar Khewat' - Petitioners' contention that land, in dispute, was in cultivating possession of their predecessors, is falsified by..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - (As applicable to Haryana) - Shamlat deh - Plaintiff purchased land in open auction by Government on 23.05.1985 but was dispossessed by virtue of judgment rendered in Malwinder Singh's case on 09.07.1985 - Amendment introduced by State of Haryana by Amendment Act 8 of 1995 has saved transfers made prior..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), Land Acquisition Act, 1894, Section 4, 18 -- Acquisition of shamlat land - Right to compensation - Property acquired being a common land - Appellant was not entered as an owner of property - Held, a non proprietor who had but a right of user of property as common land cannot claim any compensation - Appeal..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 7A -- Sale of Shamlat land by Gram Panchayat - Validity - Panchayat failed to give any reason for sale of disputed land and also what are plans of Panchayat to utilize said income - Held, Panchayat acted as an ordinary individual and not as an elected representative body of entire village while entering into..........
Constitution of India, 1950, Article 226 -- Public Interest litigation - Sale of Shamlat Land by Gram Panch - Matter brought to notice of High Court in public interest - Held, it is for Court to see as to whether instrumentalities of State and elected body of democratic set up, may be at lowest level i.e. Panchayat, is discharging its solemn duties in accordance with law..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Gram Panchayat - Land described as `Mustarka Thola Panchayam' - In record of rights land in dispute belong to Mustarka Thola Panchayam and in column of cultivation words Makhbooja Malkan were entered which was reflective of the fact that only proprietors of such Thola Panchayam were in possession of such..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Ejectment - `Jumla Mushtarka Malkan' Land - Held, Gram Panchayat has no right to file petition u/s.7 of the Act 1961 seeking ejectment of petitioners from land described as `Jumla Mushtarka Malkan' - Gram Panchayat is required to file petition by following procedure prescribed, under Punjab Gram Panchayat..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, Punjab Village Common Lands (Regulation) Act, 1961, Section 3 -- Shamlat deh - Vesting in Gram Panchayat - Held, any land which vests in Panchayat under shamilat law shall be deemed to have been vested in Panchayat under the Act of 1961 - `Shamilat law' means the Act of 1953 - Thus, land which vested in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5), Exception (iii), (viii) - - Shamlat deh - Exclusion from - Held, possession of Makbooza Malkan recorded in revenue record cannot be deemed to be individual cultivating possession of proprietor - In order to prove that case of appellant falls under Exceptions (iii) or (viii) of S.2(g)(5) of the Act of..........
