Punjab-Haryana High Court
Gram Panchayat Taraf Behbal Bahadar vs State Of Punjab And Others on 27 May, 2013
Author: Surya Kant
Bench: Surya Kant
LPA No. 671 of 2012 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
LPA No. 671 of 2012 (O&M)
Date of decision: 27.5.2013
Gram Panchayat Taraf Behbal Bahadar
..... Appellant
Versus
State of Punjab and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR.JUSTICE R.P. NAGRATH
PRESENT: Mr. M.S. Bedi, Advocate for the appellant.
Ms. Munisha Gandhi, Addl. A.G. Punjab.
SURYA KANT, J. (ORAL)
This Letters Patent Appeal has been preferred by the Gram Panchayat of Village Taraf Behbal Bahadar, Tehsil Sultanpur Lodhi, District Kapurthala, whereby the writ petition filed by respondents No. 6 and 7 has been allowed holding that the subject land was no longer a shamilat deh in view of the amendment in Section 2 (g) (ii-a) of the Punjab Village Common Lands (Regulation) Act, 1961 carried out by way of Punjab Act No. 8 of 1995. The afore-stated provision reads as follows:-
"Section 2(g)"Shamilat deh" includes- (1)xxxx LPA No. 671 of 2012 -2- (2)xxxx (3)xxxx (4)xxxx (5)xxxx but does not include land which--
(i)xxxx
(ii)xxxx (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."
Since the sale certificate in respect of land in question was issued in favour of the contesting respondents on 9.7.1985, learned Single Judge has held and rightly so that the afore stated sale is protected under Section 2(g) (ii-a), reproduced above. No fault, thus, can be found in the order under appeal.
The appellant-Gram Panchayat, if has any claim against the State Government, may pursue its remedy in accordance with law.
( SURYA KANT )
JUDGE
May 27, 2013 ( R.P. NAGRATH )
rishu JUDGE