GRAM PANCHAYAT VILLAGE NAGALA, TEHSIL DERA BASSI DISTRICT SAS NAGAR, MOHALI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Gram Panchayat of village Nagala, challenges order dated 18.3.2011 passed by the Director, Rural Development and Panchayat, Punjab, and order dated 9.1.2007, passed by the Collector/Divisional Deputy Director, Rural Development and Panchayats, Patiala, holding that the land in dispute does not vest in the Gram Panchayat.

(2.) The private respondents, filed a petition under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 1961 Act ) claiming that the land in dispute does not vest in the Gram Panchayat by pleading that the land is Shamilat Deh Hasab Hissas Halsari Bar 28 plough (Hal) , i.e., belongs to proprietors, in accordance with their share holdings and as they and before them their predecessors were in cultivating possession as per their share holdings, prior to 26.1.1950, the land in dispute is excluded from the Shamilat Deh . The private respondents also pleaded that mutation no.223, sanctioned during consolidation, on the basis of a letter addressed by a government officer, does not divest the proprietors of their ownership. The respondents also pleaded that during consolidation, the possession of the proprietors was acknowledged while preparing a list of old and new khasra numbers and possession of the land in dispute was allotted to the respective proprietors, in possession in accordance with their shareholding.

(3.) The Collector issued a notice. The Gram Panchayat put in appearance and while admitting that the private respondents are cosharers/khewatdars of the village, denied that they had any rights in the disputed land. The Gram Panchayat pleaded that as the land is shamilat deh , the mutation has been sanctioned in favour of the Gram Panchayat and as the land had been leased out by the Gram Panchayat, it does not vest in the proprietors. The Gram Panchayat also pleaded that it has been leasing out the land in dispute to its tenants, thereby proving that the land vests in the Gram Panchayat. The Collector, thereafter, called upon parties to lead evidence in support of their respective pleadings. The respondents filed an affidavit of Bakhshish Singh son of Atma Singh, who was crossexamined and thereafter produced copies of jamabandis for the years 1988- 89, Ex.P3, 1983-84 Ex.P4, 1978-79, Ex.P5, 1973-74 Ex.P6, 1968-69 Ex.P7, EX.P25 to Ex.P51, Naqsha Hakdarwar, Ex.P26, Draft Scheme, Ex.P27, Ex.P28 and Ex.P29 showing the share of the respondents. In opposition, the Sarpanch filed his affidavit Ex.R2 and was cross-examined by counsel for the applicants-plaintiffs.