Punjab Village Common Lands (Regulation) Act, 1961, Section 5A -- Ejectment - Specific plea taken by petitioners that they were owners in possession of shamilat deh land as per their share - Ample evidence led in this regard - However, neither Collector nor appellate authority discussed evidence produced by them - Order passed, presuming Gram Panchayat as owner and that..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 -- Panchayat land - Sale of - Validity - Resolution passed by Gram Panchayat does not mention purpose for which Gram Panchayat's land was proposed to be sold - Held, decision taken by Gram Panchayat to sell land in question is contrary to provisions of rules and lacks in foundation...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 -- Panchayat land - Sale of - Contravention of R.12 - Held, a sale in contravention of R.12 is no sale in eyes of law - Panchayat can in such circumstances resort to appropriate proceedings to avoid such sale...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 6, 10A - - Panchayat land - Sale to close family member of Sarpanch - Validity - Resolution passed by Gram Panchayat is devoid of purpose of sale and sale has been effected in favour of a very close family member of Sarpanch - Held, sale cannot stand the test of judicial scrutiny - Sale in favour of petitioner is..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction proceedings - Mushtarka Malkan - Land in dispute recorded as Mushtarka Malkan i.e...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, 2(g) -- Suit for declaration of title to land by Gram Panchayat - Plea of Panchayat that disputed land is `shamlat deh' - Petitioners raising objection by pleading that they are in cultivating possession of land since 1950 - Petitioner also pleaded that mutation entries were made in their favour - Mutation..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan, land - Unauthorized occupants - Petitioners are in possession of land described as, Jumla Mushtarka Malkan, which was included in Shamilat Deh, by S.2(g)(6) of the 1961 Act - Held,..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 12 - - Exchange of land - Challenge to - Doctrine of estoppel - R.12 of 1964 Rules not complied with - Held, exchange would be void ab initio and principle of estoppel will not be attracted against petitioner-Gram Panchayat...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - - Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976, Public Premises and Land (Eviction and Rent Recovery Act, 1973 - Eviction petition - Maintainability - Land in dispute is Jumla Mushtarka Malkan - Such land is not included in shamlat deh under any provision of 1961 Act -..........
Punjab Village Common Lands (Regulation) Act, 1954 -- Allotment of land - Shortfall - Alternative land allotted with share in shamlat deh as land was acquired for capital project of Chandigarh - But on account of enactment of the Act, 1953 land proposed to be allotted came to vest in Gram Panchayat and, therefore, land could not be allotted - Financial Commissioner after..........