Punjab-Haryana High Court
Nagar Panchayat vs State Of Punjab & Ors on 6 November, 2024
Neutral Citation No:=2024:PHHC:153525
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-17602-2024
in/and
RA-CW-12-2016
in
CWP-21578-2010 (O&M)
Date of decision : 06.11.2024
NAGAR PANCHAYAT, BEGOWAL AND OTHERS
...Applicant/Petitioners
Versus
STATE OF PUNJAB AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present : Mr. Harsh Aggarwal, Advocate for the applicant/petitioners.
HARSH BUNGER, J. [ORAL] CM-17602-2024 This is an application for recalling the order dated 19.09.2024, whereby CM-584-CWP-2016 for condonation of delay of 657 days in filing the review application was dismissed for non-prosecution.
A further prayer has been made for restoring the writ petition along with review application at its original number.
For the reasons stated in the application, the same is allowedonly to the extent that delay of 657 days in filing the review application is condoned and only the review application (RA-CW-12-2016) is restored to its original number and taken up on Board today itself. Page 1 of 4
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1. The instant application has been filed seeking review of judgment dated 09.01.2014 passed by the Co-ordinate Bench of this Court in CWP-21578-2010.
2. The only ground raised by learned counsel for the review- applicant is that the land in dispute had vested with the Gram Panchayat; therefore, the allotment of land in favour of private respondents by the State is bad.
3. During the course of hearing of the review application, the attention of the learned counsel for the review-applicant was drawn to the exclusionary clause contained in the definition of ShamlatDeh, as provided under Clause 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Punjab) (for short `the 1961 Act'), which reads as under :-
2. Definitions.- In this Act, unless the context otherwise requires,-
(g) "shamilat deh" includes -
(1) lands described in the revenue records as shamilat deh excluding abadi deh;
(2) shamilat tikkas;
(3) lands described in the revenue records as shamilat, Tarafs, Pattis, Pannas and Tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village; (4) lands used or reserved for the benefit of village, community including streets, lanes, playgrounds, school, drinking wells, or ponds within abadi deh or gorah deh; and (5) lands in any village described as banjar qadim and used for common purposes of the village, according to revenue records :
1
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(i) 2[--]
(ii) has been allotted on quasi-permanent basis to a displaced person;3
[(ii-a) was shamilat deh ,but, has been allotted on quasi- permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this Act, but on or before the 9th day of July,1985.]
(iii) has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950;
(iv) having been acquired before the 26th January, 1950, by a person by purchase or in exchange for proprietary land from a co-sharer in the shamilat deh and is so recorded in the Jamabandi or is supported by a valid deed;4[and is not in excess of the share of the co-sharer in the shamilat deh].
(v) is described in the revenue records as Shamilat,Taraf, Pattis, Pannas, and Thola and not used; according to revenue records for the benefit of the village community or a part thereof or for common purpose sof the village; 1 [(vi) lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act];
(vii) 2[--]
(viii) was shamilat deh, was assessed to land revenue and has been in the individual cultivating possession of co- sharers not being in excess of their respective shares in such shamilat deh on or before the 26th January, 1950; or 3 [(ix) was being used as a place of worship or for purposes, subservient thereto, immediately before the commencement of this Act ;]"
4. Even if the contention of the review-applicant is taken that the land had vested in the Gram Panchayat, even then, in terms of the above- extracted Clause (ii-a) of Section 2(g) of the 1961 Act, allotments made to displaced persons on or before 09.07.1985 is saved. Page 3 of 4
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5. Concededly the property in question was initially allotted to one Laxmi Narain son of Sh. Daulat Ram, in the month of December, 1984 by way of allotment slip.
6. Learned counsel for the review-applicant has failed to dispute the afore-said position.
7. In view of the above, I do not find any merit in the review application and the same is, accordingly, dismissed.
8. All pending application/s, if any, shall also stand closed.
November 06, 2024 (HARSH BUNGER)
gurpreet JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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