Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961: Ss. 2 (g)(ii-a) 4 Punjab Village Common land (Regulation) Act 7 and 11 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Village Common land (Regulation) Act, 1961:Ss. 2 (g)(ii-a), 4, 7 and 11-Shamlat deh-Vesting of in Gram Panchayat-Application u/s 7 by Gram Panchayat for possession as the said land has vested in it and was mutated in its name-Application contested by appellants contending that mutation in the name of Panchayat was effected without notice to them-That the land belonged to appellant-State Government and was allotted to appellant nos.2 and 3-Appellants 2 and 3 established a potatofarm therein by spending crores of rupees and constructed pucca buildings thereon-The authorities under the Act and the High Court held in favour of the Gram Panchayat-Contention that after amendment of s. 3 by Act 8 of 1995 the land stood excluded from the land vested in Panchayat, rejected-Held, question of dispute as to title was not referred to competent authority u/s 11-But on application of Panchayat u/s 7 both, the Collector as also the Commissioner, found that appellant nos. 2 and 3 had not produced anything to show that the land had vested in them or had been transferred by sale or otherwise in their favour-In view of these findings of fact, the amended provision would have no application-Besides, no right can be claimed by appellants on the basis of vesting of land under the Administration of Evacuee Property Act, 1950 as, under the State Act, Shamlat deh would vest in the Panchayat-It was submitted on behalf of the Gram Panchayat that it would lease out to appellants the land on which their buildings are existing together with land necessary for ingress and egress to reach the said land-Submission recorded-However nothing said in the judgment shall preclude the State Government to establish its title to protect the farm and the buildings-Administration of Evacuee Property Act, 1950. |
Judge | N/A |
Neutral Citation | 2002 INSC 125 |
Petitioner | State Of Punjab And Anr. |
Respondent | Gram Panchayat And Ors. |
SCR | [2002] 2 S.C.R. 283 |
Judgement Date | 2002-03-06 |
Case Number | 10364 |
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