Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Provides for a special tribunal and procedure for adjudication of disputes under the Act - Plea that since village proprietors have a Civil Court decree in their favour, Gram Panchayat should approach Assistant Collector for establishing claim - Not tenable - Civil Court decree since cannot be given any..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Unconstitutional - Retrospective abrogation of jurisdiction of Civil Courts validly exercised by them from 1961 onwards by Section 4 of Punjab Village Common Lands (Regulation) Haryana Amendment Act 2 of 1981 fictionally substituting Section 13 with effect from 4th May, 1961 and thereby giving..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application - Barred by general principles of res judicata - Assistant Collector in earlier application under Section 7 held that Gram Panchayat failed to establish ownership on land in dispute and other-side not in unauthorised occupation thereof, these findings affirmed by Collector - Second..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Assistant Collector authorised to deal with cases of unauthorised occupation of Panchayat lands - Proceedings of summary nature - Cannot decide question of title in these proceedings...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6(8), 6(10) -- Oral lease of Panchayat land - Not binding on Panchayat - Lease has to be in writing and duly executed - Collection of rent or royalty or haq-malkana by Panchayat - Does not make oral lease valid - Giving of proper publicity to auction of lease of land in Shamilat Deh - Necessary...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Civil suit for permanent injunction against Gram Panchayat transferred to Court of Assistant Collector - Assistant Collector required to decide the case as a Revenue Court by broadly following principles of Civil Procedure Code in accordance with provisions of Section 88 Punjab Tenancy Act - Failure to do..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13A - - Proceedings under Section 7 for ejectment on ground of unauthorised occupation of land vested in Gram Panchayat - Question of title raised in these proceedings - Assistant Collector should proceed to determine question of title following procedure laid down in Section 13-B - Proceedings under Section 7..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19(b), 6(8), Punjab Tenancy Act, 1887, Section 69 -- Lessee's right to compensation in terms of Section 69 Punjab Tenancy Act - Not a condition precedent for his ejectment - Non-payment of compensation - Not a ground for staying dispossession from land - Lessee's possession becomes unauthorised the moment lease..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6(8) -- Notice by Gram Panchayat to surrender possession of land after expiry of lease period - Does not have to give any reason - Lessee of land owned by Gram Panchayat - Not covered by provisions of Section 21 Punjab Security of Land Tenures Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Con stitutionality of - Challenge that Section 13 ultra vires as under Section 11 no guidelines provided for Collector to decide whether land Shamilat or not - Not tenable - Guideline given to Section 2(g) as also Sections 3 and 4 - Collector has to decide strictly on that basis - Section 13 is intra vires...........
