Punjab Panchayati Raj Act, 1994, Section 200, 201 -- Appointment of administrator - Departmental guidelines - Violation of - Held, where administrator is appointed in violation of departmental guidelines and rules, action will be initiated against him u/R.8 for imposing major penalty upon him - Officers entrusted with responsibility to appoint administrator would strictly..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Common purposes - Reservation of land - Presumption as to - Held, S.18 and 23-A of the Act place statutory duty on consolidation officer where there is no Shamilat Deh or Shamilat Deh in village is insufficient to apply pro rata cut on holdings of proprietors and reserve land..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan & Bachat land - Held, `Jumla Mushtarka Malkan' is land created during consolidation for panchayat and for other common purposes after applying pro rata cut on holdings of proprietors - Land that remains unutilized after creating land for common purposes..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Common purposes - Reservation of land - Presumption as to - Rebuttal - Held, mere fact that land earmarked for common purpose is not being used for said common purpose or it has remained in possession of proprietors or is being cultivated by them does not raise an inference..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Revision - Shortfall in allotment - Director Consolidation ordered that shortfall be made good from land recorded as ownership of Gram Panchayat - But he failed to record any finding that excess land was allotted to Gram Panchayat - Held, impugned order without jurisdiction and..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Ejectment - Jumla Mushtarka Malkan - Held, a parcel of land recorded, as Jumla Mushtarka Malkan, in revenue record raises an inference that it was created during consolidation, for common purposes of village..........
Haryana Panchayati Raj Act, 1994, Section 47, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3, 8 - - Change of user of `charand' land - Held, Gram Panchayat can change user of its land whether reserved as `Charand' or otherwise - Only rider, upon Gram Panchayat's power is that a Gram Panchayat is required to comply with procedure prescribed by R.3 read along..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7 -- Forcible dispossession by Panchayat - Legality - Held, as petitioners may have raised construction or are in possession, they cannot be dispossessed, except in accordance with law - Attempt by Gram Panchayat to forcibly demolish houses or dispossess petitioners should have invited immediate attention of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 5A -- Allotment of residential plot - Mahatma Gandhi Gramin Basti Yojna Scheme - Held, scheme has been framed to enable Gram Panchayat to allot plots to eligible members of scheduled castes - Where suitable shamilat land is not available land should be provided by way of transfer from private land or by..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a), 7 -- Eviction - Revisional jurisdiction - Exercise of - Evidence on record shows that land in dispute is occupied by private respondents' houses and garage - Findings recorded by Assistant Collector and Collector that land in dispute is vacant are incorrect - Held, if finding of fact is not based upon..........
