Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18 -- Shamlat Deh - Land recorded as `Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad', `Jumla Malkan' or `Mushtarka Malkan' - It is ownership of the proprietors of the village abadi - It vests in the Gram Panchayat only..........
Haryana Control of Bricks Supplies Order, 1972 (as amended by Order 1992) -- Brick kiln control order requires the brick kiln to be situated at least one kilometer away from village abadi - Petitioner sought relaxation of control order to establish brick kiln about 300 meters away from village abadi - Relaxation declined - Held, brick kiln is a potential source of..........
Land Acquisition Act, 1894, Section 18 -- Land acquisition - Compensation - Determination - Evidence not produced to assess the value of land - Sole instance cannot be considered as the same is part of the abadi of the village for a land measuring 10 marlas having frontage on the main road - No illegality committed by Court below in upholding the award of Collector who had..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Challenged on the ground that houses within the village abadi not acquired whereas houses of petitioners abutting abadi acquired - Distinction between houses constructed within and outside abadi - Houses within village abadi form a compact block - Houses constructed on agricultural land outside boundry of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Installation and running of stone crusher - Public nuisance - Health hazard - Nearness to abadi - Violation of norms- Suit for permanent injunction alongwith application for interim injunction restraining defendants for installing any machinery for running and working of stone crusher - Defendants claiming installation in..........
Civil Procedure Code, 1908, Section 54, Punjab Land Revenue Act, 1887, Section 4, 48, 48A, 54, 111, 112(2) -- Partition of joint land assessed to land revenue - Constructed portion - Maintainability before Revenue Authorities - Objection to partition of joint land on the ground that land is non agricultural-petrol pump and workshop constructed on land - Use of land whether..........
Punjab Land Revenue Act, 1887, Section 4, 111 -- Partition of land - Non agricultural use of land - Effect of maintainability of partition petition - Relying on 2002(2) PLJ 249, contention raised that construction on land, non agricultural in nature, hence partition petition not maintainable - Term `agricultural use of land' used by Court in the order is to distinguish..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Application for partition - Objections to the partition raised on the ground of family settlement and maintainability of partition qua Ruri & Abadi land - Dismissed by AC Ist - Order not challenged - No objection raised on `Naksha Alaf' - `Naksha Alaf' approved -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 2(g)(4) -- Land which is part of village pond - Necessarily Vests in Gram Panchayat - Land used or 'reserved for benefit of village community including drinking wells or ponds within abadi deh - Included in definition of `Shamilat Deh' under Section 2(g)(4)...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 2(g)(4) -- Abadi deh - Not defined as Shamilat Deh by Section 2(g) - No one can claim exclusive possession of abadi deh land except the proprietor in his dwelling house in the village - Ownership rights in abadi deh as a general rule vests in the proprietary body - Sites reserved for common purpose -..........
