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1 - 5 of 5 (0.27 seconds)Section 7 in The Punjab Village Common Lands (Regulation) Act, 1961 [Entire Act]
Bant Kaur vs The Director on 24 April, 2012
Provided that the landless worker to whom such land is
given, shall not be entitled to sell, exchange or mortgage it
except mortgaging it for the purposes of raising loan to construct
a house on it." (emphasis supplied)
In view of the above referred statutory provisions, a Gram
Panchayat can transfer any land in shamilat deh by exchange with the land of
an equivalent value or give land in shamilat deh free of cost to a landless
worker residing in a Sabha area for construction of a house for his residence
only with prior approval of the Government which is a condition precedent
for a valid exchange or gift of such land. Mere passing of the resolution by
the Gram Panchayat is not sufficient and does not clothe the transferee with
any right title or interest in such land in the shamilat deh. Consequently mere
possession of such land by the transferee does not entitle him to protection of
law for continuing in possession thereof. (See Bant Kaur Vs. The Director,
Gram Panchayat Kokalpur vs Joint Director Panchayat on 20 July, 2011
Therefore, the petitioners are liable to be and have been rightly ordered to be
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CWP No.15909 of 2017 (O&M) 11
ejected from the land in dispute. However, the petitioners may, if so desired,
apply to Gram Panchayat, Sada Araian for allotting plots out of land in
shamilat deh free of costs to them on the ground of being landless worker
residing in the area of Sabha area for construction of a house for their
residence under Rule 13-A of the 1964 Rules after obtaining previous
approval of the Government, but the petitioners, being in unauthorized
possession of the land in dispute, cannot even claim allotment thereof under
Rule 13-A of the 1964 Rules as a matter of right. As per provisions of Section
5 of the 1961 Act, the Gram Panchayat can dispose of its land as per norms
prescribed but Gram Panchayat being independent entity and not being under
any legal obligation to allot land to the petitioners for construction of a house
for their residence, cannot be forced to allot plots to the petitioners. For a
judicial precedent in this regard reference can be made to Gram Panchayat
Kokalpur Vs. Joint Director Panchayat, Punjab and others : 2011(53)
R.C.R. (Civil) 568. In these circumstances, the impugned orders cannot be
said to be illegal or against law and facts on record and are not liable to be
quashed.
Kehar Singh And Another vs Gram Panchayat Village Sada Raian And ... on 27 August, 2009
On notice, respondents No.1 to 4 have filed reply by way of
affidavit of Devinder Singh, Block Development and Panchayat Officer,
Hoshiarpur-1 pleading that the averments as to allotment of plots measuring 5
marlas each by respondent No.5-Gram Panchayat, Sada Araian to petitioners
No.1 and 2 from khasra No.24 in the year 1972 are factually incorrect.
Respondent No.5-Gram Panchayat, Sada Araian had no authority to allot any
Gram Panchayat land to the petitioners without prior permission of the
Director, Rural Development and Panchayat Department, Punjab Chandigarh.
Resolution passed by Gram Panchayat, Dhugga in the year 1983 was not
valid. The petitioners filed civil suit for permanent injunction against
respondent No.4-Block Development and Panchayat Officer, Hoshiarpur and
respondent No.5-Gram Panchayat, Sada Araian, which was dismissed by the
Additional Civil Judge (Sr.Divn.), Hoshiarpur vide judgment and decree
dated 10.09.2009 and appeal filed against the same was dismissed by the
Additional District Judge, Hoshiarpur vide judgment and decree dated
14.10.2011. The petitioners filed RSA No.3079 of 2012 titled as "Kehar
Singh and another Vs. Gram Panchayat Village Sada Araian and another"
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