March 2020

HELD It appears to us that the absence of a comma is a mistake and in fact according to us, a comma should be read after ‘shamilat’ and before ‘taraf’ in the latter part of the section also – Word ‘shamilat’ has to be read with all four­ ‘taraf’, ‘patti’, ‘panna’ and ‘thola’ – A land can be ‘shamilat deh’ only if it is ‘shamilat taraf’, ‘shamilat patti’, ‘shamilat panna’, or ‘shamilat thola’. In case the word shamilat is missing from any of these four terms, then the land cannot be said to be belonging to a group of people and could never become ‘shamilat deh’ land HELD This Court allow the appeal and set aside the judgment of the High Court dated 03.07.2008 and the orders of all the authorities below – Name of the appellant be entered in the column of ownership with the entry ‘shamlat patti’.

By | March 8th, 2020|Shamilat Deh|

Comments Off on HELD It appears to us that the absence of a comma is a mistake and in fact according to us, a comma should be read after ‘shamilat’ and before ‘taraf’ in the latter part of the section also – Word ‘shamilat’ has to be read with all four­ ‘taraf’, ‘patti’, ‘panna’ and ‘thola’ – A land can be ‘shamilat deh’ only if it is ‘shamilat taraf’, ‘shamilat patti’, ‘shamilat panna’, or ‘shamilat thola’. In case the word shamilat is missing from any of these four terms, then the land cannot be said to be belonging to a group of people and could never become ‘shamilat deh’ land HELD This Court allow the appeal and set aside the judgment of the High Court dated 03.07.2008 and the orders of all the authorities below – Name of the appellant be entered in the column of ownership with the entry ‘shamlat patti’.

February 2020

[DIVISION BENCH] Village Common Lands—Shamlet Deh—Collector passed the order of eviction against the petitioner only on the basis of site plan and the personal inspection but without recording any finding as to how he came to the conclusion that the land in dispute is a pond (tobha)— Eviction order set aside

By | February 9th, 2020|Shamilat Deh|

Comments Off on [DIVISION BENCH] Village Common Lands—Shamlet Deh—Collector passed the order of eviction against the petitioner only on the basis of site plan and the personal inspection but without recording any finding as to how he came to the conclusion that the land in dispute is a pond (tobha)— Eviction order set aside

[DIVISION BENCH] Village Common Lands—Shamlet Deh—Land recorded as Shamlet Patti— Without having recourse of deciding whether such land was being used by for the benefit of the village or the part of it for the common purposes of the village; eviction order was passed—Impugned order set aside

By | February 4th, 2020|Shamilat Deh|

Comments Off on [DIVISION BENCH] Village Common Lands—Shamlet Deh—Land recorded as Shamlet Patti— Without having recourse of deciding whether such land was being used by for the benefit of the village or the part of it for the common purposes of the village; eviction order was passed—Impugned order set aside

July 2018

June 2018

April 2018

January 2018

December 2017

Gram panchayat can prepare utilization plan for Shamlat deh, subject to approval of panchayat samiti-While granting approval, it was the duty of the Panchayat Samiti to have ensured that due process of law has been followed- In present case, it has failed to discharge that burden—Mere approval of the resolution has been granted-Hence, the allotment of land for use as hospital cannot be legally sustained

By | December 6th, 2017|Shamilat Deh|

Comments Off on Gram panchayat can prepare utilization plan for Shamlat deh, subject to approval of panchayat samiti-While granting approval, it was the duty of the Panchayat Samiti to have ensured that due process of law has been followed- In present case, it has failed to discharge that burden—Mere approval of the resolution has been granted-Hence, the allotment of land for use as hospital cannot be legally sustained

Village Common Lands—Utilization of Shamlat Land—Where the area to be utilized for common purpose is less than 100 acres neither the approval of the Panchayat Samiti, nor the approval of the appropriate Government is required to be obtained.

By | December 4th, 2017|Shamilat Deh|

Comments Off on Village Common Lands—Utilization of Shamlat Land—Where the area to be utilized for common purpose is less than 100 acres neither the approval of the Panchayat Samiti, nor the approval of the appropriate Government is required to be obtained.

November 2017

August 2017

July 2017

April 2017

February 2017

December 2016

November 2016