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Gram Panchayat Of Village, Jamalpur vs Malwinder Singh & Ors on 9 July, 1985

5. A complete sequence of events regarding the transfer of the land in favour of Respondent No.l has also been given. It has been pointed out that initially in the Jamabandi for the year 1972-73, the Gram Panchayat was shown to be the owner. In pursuance to the decision of this Court in CWP 2409 of 1968, decided on May 15, 1973 along with various other cases, it was held that the evacuee interest of the muslims on their migration to Pakistan had to vest in the custodian and such land could not form part of the Shamlat Deh in the village. As a result, 660/793 share was transferred in favour of the Central Government. However, the decision was reversed by their Lordships of the Supreme Court in the case of Gram Panchayat, Jamalpur v. Malwinder Singh and Ors., A.I.R. 1985 1394. As a result, the whole land came to vest in the Gram Panchayat. Furthermore, vide notification dated March 21, 1974, the Governor of Haryana decared that the local area of village Rania shall be considered to be within the municipal limits. As a consequence, the land came under the Notified Area Committee constituted under the Haryana Municipal Act, 1973. Vide notification dated July 25, 1987, the Notified Area Committee was converted into a municipal committee. On September 16, 1987, the status-quo ante was restored and a Gram Panchayat was again constituted. However, vide notification dated September 28, 1992, the Gram Panchayat, Rania was again abolished and the area came under the Municipal Committee, Rania. A copy of this notification has been produced as Annexure R/A According to the respondent, the land that originally vested in the Gram Panchayat had, thus, come to vest in the Municipal Committee and it was entitled to evict the petitioner. A copy of the application filed by the respondent before the Sub Divisional Officer (Civil) Sirsa has been produced as Annexure R/A-11 and that of the reply Tiled by the petitioner as Annexure R/A- 12, It has been further pointed out that vide mutation No. 13166, the entire land has been entered in the name of Municipal Committee, Rania in place of Gram Panchayat, Rania.
Supreme Court of India Cites 19 - Cited by 124 - Y V Chandrachud - Full Document
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