East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Question whether land in dispute Shamlat Deh or not - Additional Director Consolidation has no authority to go into - Can be decided by Authorities under Punjab Village Common Lands (Regulation) Act - Supreme Court decision in Gram Panchayat Nurpur's case 1997 (1) PLJ 260 Followed..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 16A, 14 -- Partition of Shamlat land - Scheme of Consolidation provided for partition of Shamlat land - Writ petition against the Scheme filed by some of the right - holders dismissed and Scheme upheld - - Shamlat land divided between different villages by virtue of entries in Wajib -..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 8(3) -- Sale of Shamlat Deh land - Shamlat (Panchayat) land encroached upon prior to 1962, house constructed on the same and the person residing therein with his family for more than 35 years - Land never used for any common purposes, though it is Shamlat Deh - Gram Panchayat has no objection to selling the land to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Punjab Village Common Lands (Regulation) Rules, 1964, R.6(2) - Injunction - Lease of Shamlat Land - No approval of lease for a period of more than two years by the Director Panchayats - Khasra numbers not mentioned in the lease - No proper lease - Lessee cannot be presumed to be in possession - No prima facie case for..........
Punjab Land Revenue Act, 1887, Section 115, 116, 117 -- Disallowance of partition on the grounds : (i) disputed land used as Gau Charand; and (ii) by amendment of 1992-93 of Punjab Village Common Lands (Regulation) Act, Panna Shamlat Deh land has become Shamlat - Land cannot be partitioned unless question of title decided in regular suit under Punjab Village Common Lands..........
Punjab Land Revenue Rules -- Candidate owned 14 Acres of land and having a sound Financial position - Even if owed about Rs. 300/- to Gram Panchayat as arrears of lease-money of village Shamlat land - Cannot be treated as a 'defaulter' - Inconsequential and irrelevant for appointment as Lambardar - Neither reflects of his being under a debt nor a poor reflection of his..........
Civil Procedure Code, -- Suit for permanent injunction restraining defendants from interfering in lifting of sand and quarry by plaintiff from land shown as Shamlat Den Hasab Rasad Khewat Malkan and as such belonging to Sanjhi Bhumi Committee who had entered into agreement with plaintiff - Sand is `mineral' as defined in Section 3(a) of Mines and Minerals (Regulation and..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Partition and re-distribution of land of joint Khata amongst proprietors of the village - Land recorded as Shamlat Deh Hasab Rasad Raqba Khewat in column of ownership and shown as Maqbooja Malkan in column of possession - Provision in Consolidation Scheme that joint Khatas will be..........
Punjab Village Common Lands (Regulation) Act, Section 4 -- Vesting of land in Gram Panchayat - No Gram Panchayat in the village at the time when consolidation proceedings were going on - Cannot be said that land, recorded in ownership column as Shamlat Deh Hasab Rasad Raqba Khewat and in column of possession as Maqbooja Malkan, vested in Gram Panchayat...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Collector finding both candidates R and B in illegal possession of Panchayat/Shamlat land, remanded case for inviting fresh applications after proclamation - B's appeal accepted by Commissioner and B appointed Lambardar by Commissioner - R filed appeal before Financial Commissioner against order of..........
