GRAM PANCHAYAT VILLAGE SEKHOWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Gram Panchayat of village Sekhowal, Tehsil and District Ludhiana, prays for issuance of a writ of certiorari setting aside orders dated 16.8.2004 and 13.1.2006 (Annexures P-5 and P-8) passed by the Additional Deputy Commissioner (Development)-cum-Collector, Ludhiana and the Director, Rural Development and Panchayat (exercising the powers of "Commissioner") under the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the "1961 Act"), respectively. Counsel for the Gram Panchayat submits that as the entire land, including 76 acres, has been held to be Shamilat Deh, by the Collector and the Appellate Authority, they had no jurisdiction to hold that the Department of Agriculture has created infrastructure on 76 acres, the department is owner of this land. It is further argued that while considering a similar controversy, the Hon'ble Supreme Court has held in Gram Panchayat of Village Jamalpur v. Malwinder Singh and others, 1985 Supp2 SCR 28 that "Shamilat Deh" belonging to muslim migrants vests in a Gram Panchayat and cannot be treated as evacuee property. The land, in dispute, though "Shamilat Deh" belonged to muslim migrants and therefore, belongs to the Gram Panchayat. Even if the Department has raised construction and set up a farm etc., 76 acres, which forms a part of the land, declared "Shamilat Deh", cannot be held to be the ownership of the Department of Agriculture. It is further submitted that in the absence of any allotment, to the department of agriculture or any order passed in terms of section 2(g)(ii-a) of the 1961 Act, the land does not vest in the Agriculture Department and is not excluded from Shamilat Deh.

(2.) Counsel for the State of Punjab submits that the land, in dispute, was evacuee property and, therefore, vested in the Central Government. The land was transferred to the State of Punjab, under a package deal between the Central and the State government. The Department of Agriculture has been in possession since 6.5.1970 and has spent crores of rupees in establishing a seed farm, a fruit garden, a nursery and residential quarters on 76 acres of land. The judgment, in Gram Panchayat of Village Jamalpur's case , does not apply to the case in hand, as the allotment of land to the Agriculture Department, is protected by Section 2(g)(ii-a) of the 1961 Act.

(3.) We have heard counsel for the parties, and perused the impugned orders.