Court : Punjab and Haryana
Reported in : AIR1995P& H243; (1995)109PLR614
..... accordance with such procedure as may be prescribed eject any person who is in wrongful or unauthorisedpossession of the land or other immovable property in the shamlat deh of that village which vests or is deemed to have been vested in the panchayat under this act and put the panchayat in possession thereof and for so doing the assistant collector of the first grade may exercise the powers of a revenue ..... land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans : (b) the expression 'rights' in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, (raiyat, under-raiyat) or other intermediary and any rights or privileges in respect of land revenue.' 41. to test the vires of the impugned ..... as it existed before the amendment act of 1992 came into force, provided tha any person claiming declaration of one's right in land and immovable property vested or deemed to have been vested in panchayat within 5 years of the date of commencement of 1980 act may file a suit for declaration for determination:-- i) whether such land or ..... consolidation was the land of the owners who had been denuded of their titleinstead of the management provided by the consolidation of holdings act, 1948 by vesting it in the gram panchayat, now by indirect methodology adopted in order to put a veil on the legislation against the violation of the constitutional provisions, in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1991)99PLR146
..... the land which was mentioned in the revenue record as owned by mushtarka malkan and other right holders forming their share in the khewat does not vest in the gram panchayat and such a land does not, therefore, fall under tie ambit of shamlat deh as envisaged by section 2(g) of the punjab village common land (regulation) act, 1961 (as applicable to haryana)5 ..... 169, a division bench of this court held that the land which was reserved for the income of the panchayat during consolidation belongs to the proprietary body and doss not vest in the gram panchayat in view of the judgment of the supreme court in bhagat ram' case (supra). ..... this area which was reserved for common purposes would vest in the gram panchayat and it has got the right to move the appropriate authority for evicting an unauthorized occupant on the land which was duly reserved for common purposes under the ..... means the land reserved for the common purposes of a village under section 18 of the east punjab holdings act, the management and control whereof vests in the state government of the gram panchayat under section 23. ..... of consolidation envisage that a pro rata cut from the proprietary land of the owners would be made with a view to completing the land for common purposes and the land so taken in excess shall continue to vest with the owners as 'jumla mushtarka malkan hasab rasad'. ..... it is made clear that the land in dispute vests in the proprietary body which shall be entitled to get it partitioned according of law .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H79
..... section 9 of the act the parliament has itself made provision for payment of royalty by the holder of a mining lease in exercise of its authority to regulate 'mines and minerals development' by; virtue of the power vesting in it under item no, 54 of list i of seventh schedule of the constitution, clearly indicates that it never intended to exclude the authority to provide for payment of royalty while conferring power on the state government ..... the contract or agreement of lease between the parties; royalty for all mining leases is not to be paid to the government as such but to the person in whom the minor mineral rights vest; the payment is to the owner of the minor minerals for the grant of privileges to extract minor minerals, the liability being that of the person to whom such privilege is granted and ..... used by the petitioners in the course of their business of manufacturing bricks, assuming that notwithstanding the fact that the land is owned by the petitioners or their lessors, the minor mineral rights in them vest in the state.13. it is argued on behalf of the petitioners that the royalty imposed by the state under the punjab rules is, in fact, a tax, that the state in excise of this ..... makes them the owners of the minerals contained therein, and the property; in the minerals, including the minor minerals, found in the land acquired by them vests in the state, and for exploitation of the same it can issue leases and licenses and charge the necessary royalty: 5. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1972P& H356
..... taken up in reply is that the petitioner has unauthorisedly been extracting brick earth from the disputed land since 2nd may, 1964, where the minor mineral rights vest in the government, without obtaining any short-term permit or lease as required by the rules and this act is unlawful and illegal under rule 54 of ..... to the landowners, and that in such cases whenever the question is raised, it will have to be established by the government in an appropriate court that the property in the minor minerals (brick-earth) does in fact vest in the government and in this case there is no such entry in sharayat wajib-ul-arz that the property in the brick-earth will ..... mittal on behalf of the petitioners is that in case we do not deem it necessary to determine finally as to in whom the 'minor minerals' vest then at least a writ in favour of the petitioners be issued prima facie prohibiting the respondents from interfering in the 'minor minerals' in these estates and the state be directed to establish their claim to ..... been expressly pleaded that brick earth has been validly declared a minor mineral by the central government in exercise of the powers conferred on them under section 3(e) and as regards the vesting of such minor minerals, it is stated that the relevant entries in the wajib-ul-arz (copy attached as annexure r. ..... rights for the extraction of brick earth and clay in the disputed land belong to and vest in the government and therefore the petitioner had no locus standi or a right to bring .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR747
..... was pending before the collector, he filed suit for declaration and injunction before the civil court to the effect that he was owner in possession of the land in question which did not vest in the gram panchayat and the gram panchayat was not legally entitled to dispossess him under the order of eviction dated 28.3.1971 as the said order is wholly without jurisdiction and ineffective on his ..... ), learned counsel for the petitioner submitted that when the land in question was being used as 'charand' and has been so recorded in the revenue record, the same absolutely vests in the gram panchayat, and the gram panchayat was entitled to use such 'charand' land for any other purpose including for leasing out the same for cultivation as specified in sub-rule (2) ..... act, 1961 (hereinafter referred, to as 'the act') was decreed and it was declared that the land in question does not fall under the definition of 'shamlat deh' and does not vest in the gram panchayat and that the contesting respondents are owners of the same. ..... lies on them to establish that being proprietors of the village, they are owners of the land in question and the same does not fall under the definition of 'shamlat deh' nor it vests in the gram panchayat under section 4 of the act. ..... record as 'shamlat deh' and is being used for the benefit of the village community or for common purpose of the village, falls under the definition of 'shamlat deh' and the same shall vest in the gram panchayat under section 4 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1975P& H265
..... make a recommendation to the governor to impose the penalty of dismissal or removal after considering the explanation of the delinquent officer, the matter then passes beyond the pale of control which vests in the high court and falls within the iuris-dition of the governor to decide in accordance with article 311 of the constitution, the exercise of this power by the governor will ..... of superintendence and control of the courts subordinate to it and by virtue of the rules having the force of law under the proviso to article 309 read with article 313, is vested with the power to hold an enquiry into the conduct qf judicial officers and to determine provisionally the punishment which should be imposed upon them prior to their being afforded a reasonable opportunity ..... harmony as far as the judiciarv is concerned and the cardinal drinciole of the constitution being that the judiciary is to be independent of the executive, complete control over the judiciarv vests in the high court including disciplinary matters and it is only proper that the governor should feel himself bound by the recommendation of the high court in the matter of the guilt ..... posting and promotion of and the grant of leave to persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1981P& H313
..... the landowners till the commencement of this act would continue to be surplus area and would be available for taking possession under section 9 of the act and the moment possession is taken it would vest in the state by virtue of section 8 and would be available to the state for utilisation under section 11 of the act, irrespective of the fact whether the surplus area belongs to a landowner ..... commencement of this act, under either of the said enactment's, which shall be continued and disposed of as if this act had not been passed, and the surplus area so determined shall vest in, and be utilised by, the state government in accordance with the provisions of this act; provided that such proceedings shall, as far as may be, be continued and disposed of, from the ..... the commencement of this act and the surplus area declared as such under this act, shall, on the date on which possession thereof is taken by or on behalf of the state government, vest in the state government free from all encumbrances and in the case of surplus area of a tenant, which is included within the permissible area of the landowner, the right and interest of ..... this act, under either of the said enactment's which shall be continued and disposed of as if this act had not been passed, and the surplus area so determined shall vest in and be utilised by the state government in accordance with the provisions of this act and the cases pending before the pepsu land commission immediately before the date of commencement of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H134
..... gram panchayat, village kheri jamalpur 1980 punj lj 204 as to whether the rival claims of the government and the land-owners over the vesting of brick-earth, a minor mineral, must be adjudicated upon only on the basis of the entries in the sharait-wajib-ul-arz of the revenue ..... the full bench vide its judgment dated 3rd june, 1982 held that the rival claims of the parties over the vesting of the brick-earth are not constricted to adjudication only on the basis of entries in the sharait-wajib-ul-arz of the revenue estate and the claim to rebut the presumptions raised in section 42 of the ..... 42(2) of the act, it has to be specifically provided that such and such mineral would vest in the government and it has not to be vague otherwise if this word 'etc' was to include all minerals, then the provisions of section 42(2) ..... to the learned counsel, the later wajib-ul-arz completed after november, 1871, did not specifically mention that the brick-earth would vest in the state government, the only presumption that could be raised under s. ..... punjab act, stressed that since they were being asked to pay revenue on the basis that the land was not being put to agricultural use it went to show that the minor-minerals vested in the land-owners and not the state government. ..... however as we are holding that the brick-earth vests in the land-owners, the state government would be entitled to chargerevenue under the punjab land revenue (special assessment) act, 1955, but would notbe entitled to charge .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)154PLR655
..... to determine and separate the evacuee interest in a composite property and when the evacuee interest was limited to mortgagee's rights in the property, then only that much portion of the land could be vested in the custodian and even non-submission of claim by interested party was held not to mean that a limited evacuee interest of mortgagee's right would be automatically converted into full ownership of the property. ..... : [1962]1scr531 has clearly held the object of the act is not to vest in the custodian property, which was not evacuee property, but to vest in him only the evacuee interest in the property after determining or separating, as the case may be, that interest from the interests of other persons in the ..... only in the absence of any claim that the competent officer could vest whole of the property in the custodian free from all encumbrances and ..... 2, in this background, would further plead that his rights did not vest in the custodian and, thus, the competent officer would not be competent to sell ..... section 11 of the act clearly provides that any property cannot vest in custodian which is not an evacuee property, particularly in cases where the competent officer is aware of the fact that the evacuee had only the right to recover the mortgage amount from ..... custodian through his order dated 19.11.1962, although the equity of redemption was still available to the mortgagor and competent officer could not vest the non-evacuee interest in the mortgaged property in the custodian. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)152PLR179
..... deem fit and in accordance with such procedure as may be prescribed, eject any person who is in wrongful or unauthorized possession of the land or other immovable property in the shamilat deh of that village which vests or is deemed to have been vested in the panchayat under this act and put the panchayat in possession thereof and for so doing the assistant collector of the first grade may exercise the powers of a revenue court in relation to the execution ..... which is included in the shamilat deh of any village and which has not vested in a panchayat under the shamilat law shall, at the commencement of this act, vest in a panchayat constituted for such village, and where no such panchayat has been constituted for such village, vest in the panchayat on such date as a panchayat having jurisdiction over that village ..... situated within or outside the abadi deh of a village and which is under the house owned by a non-proprietor shall on the commencement of shamilat law, be deemed to have been vested in such non-proprietor.by operation of the above provisions of law, the land in dispute came to vest in the pancbayat on the commencement of the act as well. ..... according to the provisions of punjab common lands vesting of proprietary rights act, only such land vested in the panchayat as were being used for common purposes of the village, but there is nothing to suggest that the present land was so ..... in annexure p-1 that the disputed land of 'taraf hinduan' did vest in the plaintiffs as owners. .....
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