Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Restraining change of nature of land - Courts below held that Gram Panchayat/defendant is competent to change user of land in a manner it likes as well as when sufficient area of shamlat land is available, it can be used for any other development - Injunction therefore, cannot be granted regarding..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- (As applicable to State of Haryana) - Shamlat Deh - Land in question never shown to be used for benefit of entire village community or even for a part of community - Possession of land is shown in revenue records as that of proprietors/self cultivators and in cultivation of appellant or his ancestors -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Land recorded as Shamlat Patti - Without having recourse to provisions of S.2(g) of the Act Courts below allowed the petition - Even, Courts below failed to hold as to how the land in question would fall in definition of S.2(g)(3) of the Act if it is recorded as Shamlat Patti and not being used for..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4, Constitution of India, 1950, Article 226 -- Public interest litigation - Maintainability - Illegal mining operations and screening of plants - As per petitioner, due mining in river and forest land villagers are facing problems to approach their agricultural land as village of petitioner is situated..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Bar to jurisdiction - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - However, Gram Panchayat was able to prove that land was Shamlat Deh vesting in Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Shamlat Deh - Eviction - Person who has been in cultivating possession of `Shamlat Deh' land for more than 12 years on date of commencement of Act, cannot be evicted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........
Punjab Village Command Lands Regulation Rules, 1955, Rule 5 -- Exchange of Land - If in opinion of Panchayat it is necessary to exchange some land for benefit of inhabitants of village, they may with prior approval of Collector transfer any land in Shamlat Deh by exchange with land of any equivalent value...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(a) -- Shamlat deh - Vacant land in abadi deh or gorah deh of village not owned by any person would fall under ambit of S.4(a) of Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(a) -- Shamlat deh - Land situated within abadi deh or gorah deh of village and is not proved to be under ownership of any private individual would fall in ambit of Shamlat Deh and shall vest in Gram Panchayat who is true owner and no injunction can be granted against true owner - Even if, some proceeding were..........
