May 2020

[DIVISION BENCH]Punjab Village Common Lands (Regulation) Act, 1961, S.ll–EvictionHELD are of the considered opinion that the petitioners do not have any locus standi to maintain this petition for the prayer made in the writ petition, particularly in respect of the orders passed by the Commissioner by which he has deleted the directions issued by the Collector in his order dated 10.12.2013. The locus standi to challenge the said order of the Commissioner was with the Gram Panchayat who could have filed the present writ petition had it been so advised.

By | May 1st, 2020|Punjab Village Common Lands|

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Comments Off on [DIVISION BENCH]Punjab Village Common Lands (Regulation) Act, 1961, S.ll–EvictionHELD are of the considered opinion that the petitioners do not have any locus standi to maintain this petition for the prayer made in the writ petition, particularly in respect of the orders passed by the Commissioner by which he has deleted the directions issued by the Collector in his order dated 10.12.2013. The locus standi to challenge the said order of the Commissioner was with the Gram Panchayat who could have filed the present writ petition had it been so advised.

January 2020

Shamlat Deh~ Land reserved for manure pit for the villagers—It will be covered under exception clause 2(g)(5)(vi) of the VCL Act-Accordingly, the municipal corporation cannot be owner of the said land and application under Public Premises Act was not maintainable.

By | January 1st, 2020|Punjab Village Common Lands|

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Comments Off on Shamlat Deh~ Land reserved for manure pit for the villagers—It will be covered under exception clause 2(g)(5)(vi) of the VCL Act-Accordingly, the municipal corporation cannot be owner of the said land and application under Public Premises Act was not maintainable.

December 2019

[DIVISION BENCH] Village Common Lands—Revision would be maintainable before the Commissioner against the order passed by the Collector on an application filed under both S.7(l) and S.7(2) of 1961 Act

By | December 31st, 2019|Punjab Village Common Lands|

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June 2019

Punjab Village Common Lands (Regulations) Act, 1962—Change of Land Use- Use of site earmarked for Hada Rodi cannot be changed into Johar(pond) without resorting to the procedure prescribed under the Act/Rules of obtaining due permission by village Gram Panchayat from competent authorities

By | June 27th, 2019|Punjab Village Common Lands|

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Comments Off on Punjab Village Common Lands (Regulations) Act, 1962—Change of Land Use- Use of site earmarked for Hada Rodi cannot be changed into Johar(pond) without resorting to the procedure prescribed under the Act/Rules of obtaining due permission by village Gram Panchayat from competent authorities

January 2019

Village Common Lands—Question of Title– Proceeding under S.11 are in nature of a civil suit and it should not be adjudicated in summary procedure

By | January 23rd, 2019|Punjab Village Common Lands|

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July 2018

Gram Panchayat sought eviction after being held as owner of land in dispute-­Private respondents contended that land in possession is different from land adjudicated u/s 11 of 1961 Act-Eviction petition was dismissed-Matter remitted to collector to reconsider the matter to give categoric findings on disputed questions of fact.

By | July 16th, 2018|Punjab Village Common Lands|

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Comments Off on Gram Panchayat sought eviction after being held as owner of land in dispute-­Private respondents contended that land in possession is different from land adjudicated u/s 11 of 1961 Act-Eviction petition was dismissed-Matter remitted to collector to reconsider the matter to give categoric findings on disputed questions of fact.

Punjab Village Common Lands (Regulation) Act, 1961, S.11–Suit for Declaration-­Damages for demolition-Petitioner to firstly file a petition under Section 11 of the 1961 Act and get a declaration that the land where the construction was raised does not vest in Gram Panchayat or any other public authority-As soon as such a declaration is granted, the petitioner shall be at liberty to claim damages before the appropriate forum

By | July 9th, 2018|Punjab Village Common Lands|

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Comments Off on Punjab Village Common Lands (Regulation) Act, 1961, S.11–Suit for Declaration-­Damages for demolition-Petitioner to firstly file a petition under Section 11 of the 1961 Act and get a declaration that the land where the construction was raised does not vest in Gram Panchayat or any other public authority-As soon as such a declaration is granted, the petitioner shall be at liberty to claim damages before the appropriate forum

Village Common Lands—Declaration of Title—Subject land was under the ownership of Gram Panchayat and was under the cultivating possession of tenant—Till the time the land is actually put to use for a common purpose, even if it Is cultivated by a tenant on Will, such tenant cannot does not acquire ownership rights.

By | July 2nd, 2018|Punjab Village Common Lands|

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Comments Off on Village Common Lands—Declaration of Title—Subject land was under the ownership of Gram Panchayat and was under the cultivating possession of tenant—Till the time the land is actually put to use for a common purpose, even if it Is cultivated by a tenant on Will, such tenant cannot does not acquire ownership rights.

May 2018

A person who has been in cultivating possession of ‘Shamlat Deh’ land for more than 12 years on the date of commencement of the Punjab Village Common Lands (Regulation) Act, 1953 cannot be evicted there from

By | May 10th, 2018|Punjab Village Common Lands|

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Comments Off on A person who has been in cultivating possession of ‘Shamlat Deh’ land for more than 12 years on the date of commencement of the Punjab Village Common Lands (Regulation) Act, 1953 cannot be evicted there from

April 2018

Punjab Village Common Lands (Regulation) Act, 1961, S.11–Claim for ownership-­ Petitioner claimed to be in cultivating possession of land since 1930–However, as per revenue records even prior to 1950 land has been record as ‘ Banjar Kadim’ (Uncultivable) and therefore he cannot be in cultivating possession

By | April 19th, 2018|Punjab Village Common Lands|

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Comments Off on Punjab Village Common Lands (Regulation) Act, 1961, S.11–Claim for ownership-­ Petitioner claimed to be in cultivating possession of land since 1930–However, as per revenue records even prior to 1950 land has been record as ‘ Banjar Kadim’ (Uncultivable) and therefore he cannot be in cultivating possession

March 2018

Eviction–Execution of orders–if the eviction orders have attained finality and there is no legal impediment against their execution, it is imperative upon the District Administration to take necessary steps for giving effect to those orders.

By | March 24th, 2018|Punjab Village Common Lands|

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Punjab Village Common Lands (Regulation) Act, 1961 , S.13 & S.7–Eviction–Question of title—Eviction orders cannot be interfered with unless the petitioner establishes his title qua the such land in appropriate proceedings

By | March 15th, 2018|Punjab Village Common Lands|

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Punjab Village Common Lands (Regulation) Act, 1961, S.7–Encroachment–Appellant authority did not answered main issues that arose for consideration and dismissed the appeal

By | March 12th, 2018|Punjab Village Common Lands|

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Punjab Village Common Lands (Regulation) Act, 1951, S.123–Partition proceedings–Non service of notice to one of the cosharer out of three-Assistant Collector ist Grade had issued Sanad Takseem and separated the land between two cosharer

By | March 5th, 2018|Punjab Village Common Lands|

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Punjab Village Common Lands (Regulation) Act, 1961, S.13-A–Ownership–As a suit u/ s 13-A, order was passed that suit land does not left in the Gram Panchayat

By | March 4th, 2018|Punjab Village Common Lands|

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January 2018

‘Jumla Mushtarka Malkan Hakdaran Deh Hasab Rasad Rakba Khewat’ and used for common purposes like for military camp etc.-Held; that such like lands though not owned by the Gram Panchayat but being used for common purposes, their control and management vest in the Gram Panchayat.

By | January 30th, 2018|Punjab Village Common Lands|

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Comments Off on ‘Jumla Mushtarka Malkan Hakdaran Deh Hasab Rasad Rakba Khewat’ and used for common purposes like for military camp etc.-Held; that such like lands though not owned by the Gram Panchayat but being used for common purposes, their control and management vest in the Gram Panchayat.

December 2017

Punjab Village Common Land (Regulations) Act, 1961, S.6–Sale of Panchayat Land-­Under no circumstance, the land which has been ear-marked for village pond, can be sold by the Gram Panchayat to anyone.

By | December 20th, 2017|Punjab Village Common Lands|

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Punjab Village Common Lands (Regulation) Act, 1961, S.7–Eviction–Stay of Proceedings–Land recorded as “Jumla Mushtarka Malkan” and dispute regarding the title of the land is pending before Civil Court till the question of title is decided, the orders of eviction directed to be stayed.

By | December 20th, 2017|Punjab Village Common Lands|

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