MEHAR SINGH Vs. THE DIRECTOR

JUDGEMENT

(1.) The challenge in the present writ petition is to an order dated 18.03.2013 passed by the learned Commissioner exercising the powers conferred under Section 11 (2) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act') whereby appeal of Gram Panchayat was accepted against an order dated 28.09.2001 passed by the Collector dismissing the petition filed by Gram Panchayat under Section 11 of the Act.

(2.) The learned Commissioner has returned a finding that Nagar Panchayat was recorded as owner and the possession of the petitioner is recorded only over 16 Kanals of land comprising in Khasra No.41//5 and 41//6 as per Jamabandi for the year 1960-61. It has been held that the petitioner has not been able to prove that this land was in his possession even prior to consolidation. The petitioner also could not prove extent of his share in the shamilat deh. Nagar Panchayat Deh has been shown as continuous owner of land in Jamabandi for the year 1960-61. It has also been held that the petitioner has not been able to prove continuous cultivating possession of the land in question prior to 26.01.1950. Thus the land in question does not fall in Exception (viii) of Section 2(g) of the Act. Learned counsel for the petitioner relies upon Jamabandi for the year 1944-45 said to be on record of the Collector as Ex.P-1. A copy of the said Jamabandi has been attached with the writ petition as Annexure P-2. The said Jamabandi records shamilat deh hasab rasad khewat as the owner and maqbuza malkan in the column of possession. The land is banjar qadim. Neither the petitioner nor any other proprietor is reflected in possession of any part of such land described in the revenue record as shamilat deh hasab rasad khewat. In the Jamabandi for the year 1952-53 (Annexure P-3), the petitioner or his predecessor-in-interest is recorded in possession of Khasra No.186 measuring 20 Bighas. The land is described as Rosli, an un-cultivatable land. In the Jamabandi for the year 1960-61 (Annexure P-5), the petitioner is recorded as owner of land measuring 16 Kanals comprising in Khasra No.41//14 and 41//15 measuring 16 Kanals, the old Khasra number being 186 (min). The land is again described as banjar qadim.

(3.) Learned counsel for the petitioner has vehemently argued that the nature of the land is required to be determined with reference to the commencement of Shamilat Law as on 09.01.1954. On the said date, the land is described as shamilat deh hasab rasad khewat i.e. as per the share of the proprietors in the village. Since such land is banjar qadim and there is no proof that land has been reserved for common purposes, therefore, it does not vest in Panchayat in terms of Clause 5 of Section 2(g) of the Act.