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Present:- Mr. Vikram Singh Advocate Vs. State of Haryana and Others

Court : Punjab and Haryana

..... thus the management or the control of the land in question never came under defendant the land vest in gram panchayat of village nada per section 2(g) of the punjab village common land (regulations) act, 1961. ..... it is specifically stated that land do not vest in the gram panchayat in view of provision of section 4(3)(ii) of the act and also in terms of exception clause (viii) of section 2(g) of the act. ..... cultivating possession of a co-sharer before 26.02.1950 and not more than his share in the shamilat deh land, it will not vest in the gram panchayat. ..... under section 2(g).it is specifically provided that if the land is shown as shamilat deh in the revenue record, it will vest in the gram panchayat. ..... further as per exception clause of section 2(g)(viii) of the act same does not vest in the gram panchayat. 5. .....

Gram Panchayat/Gram Sabha of Village Bhattian, Tehsil Vs. the State of ...

Court : Punjab and Haryana

..... usage or any decree or order of any court or other authority, all right, title and interest whatever in the land- (a) which is included in the shamilat deh of any village, shall, on the appointed date, vest in a panchayat having jurisdiction over the village; (b) which is situated in the abadi deh of a village and which is under the house owned by a non-proprietor, shall at the commencement of this act ..... [(2) notwithstanding anything contained in sub- section(1) of section 4,-- (i) where any land has vested in a panchayat under the shamilat law, but such land has been excluded from shamilat deh under clause (g) of section 2 other than the land so excluded under sub-clause (ii-a) of ..... .the appellate authority has, as referred to earlier, held that as the land was banjar qadim in 1954 and not used for common purposes as per the revenue record, it does not vest in the gram panchayat, by apparently relying upon section 2(g) (5) of the 1961 act. ..... panchayat in such land as from the commencement of the punjab village common lands (regulation) amendment act, 1995, shall cease and all such rights, title and interest shall vest in the person or persons in whom they were vested, immediately before the commencement of the shamilat law; (3) xx xx xx xx . ..... used, the land would be excluded from shamilat deh .section 3(1) of the 1961 act provides that land that came to vest in a gram panchayat under the 1954 act shall continue to so vest except if it is excluded by the definition of shamilat deh . .....

Present: Mr. N. D. Achint Advocate Vs. State of Haryana and Others

Court : Punjab and Haryana

..... (civil) 497, has categorically held that the land of a big land owner declared surplus under the punjab act would stand vested in the state of haryana on 24.1.1971 in terms of section 12(3) of the haryana act and that the state had a right to utilise the area which formed part of the surplus ..... the other hand, the counsel for the respondents would refer to the provisions of section 12(3) of the haryana act to urge that the piece of land declared surplus even under the punjab act would automatically vest in the state government, once the proceedings for declaration of the surplus area under the punjab act had acquired finality. ..... 33(2)(ii) says that the surplus area determined in the pending proceedings under the act shall be done under that act and surplus land shall vest in and be utilised by the state government in accordance with the provisions of the 1972 act. ..... is further held that declaration of surplus area under the punjab act would vest under the haryana act and the same cannot be reopened. ..... no.15 in his reply would term that this application is totally misconceived and devoid of merit as this land automatically vested in the state in view of the provisions contained in the haryana act. ..... rights, title and interest of all persons in such area shall stand extinguished and such rights, title and interests shall vest in the state government from from all encumbrances. ..... ).as per which the land in dispute being surplus vested in the state government by virtue of section 12(3) of the .....

Ramji Dass Sarpanch Gram Panchayat of Village Vs. the Director Consoli ...

Court : Punjab and Haryana

..... has been filed by zail singh to challenge these orders of eviction, on the ground that as the director, consolidation, punjab, has vide order dated 19.7.1985, held that the land does not vest in the gram panchayat and ordered its partition amongst proprietors, the petition for eviction, filed under sections 4, 5 and 7 of the 1973 act is not maintainable, and the impugned orders are ..... submitted that as the collector, exercising powers under section 11 of the 1961 act, has held that the land, in dispute, does not vest in the gram panchayat, the orders passed by the director, consolidation, may be affirmed and orders of eviction passed under the 1973 act ..... has not been able to prove any right, title or interest that would entitle him to remain in possession of land, that vests in the gram panchayat and was reserved for management and control, under section 18 and 23-a of the 1948 act read ..... orders of eviction, passed under 1973 act, on the ground that as the director, consolidation has held under order dated 19.7.1985 that the land in dispute does not vest in the gram panchayat, the collector had no jurisdiction to direct the eviction of the petitioner and the appellate authority to dismiss his appeal ..... apart from the fact that the director, consolidation, had no jurisdiction to determine whether the land, in dispute, vests or does not vest in a gram panchayat, much less on the ground that an excessive pro-rata cut was applied or that the land was not reserved for common purpose, the .....

The State of Punjab and Another Vs. M/S Rameshwar Dass Lahhman Dass

Court : Punjab and Haryana

..... dass, 2012(5) rcr (civil) 280 while referring to the notification dated 01.06.1958, this court has categorically held that mere declaration of brick earth as minor mineral by way of notification in itself will not vest any right in state government to claim royalty because of the reason that ownership of the same will still continue to be vested in the landowners if there was no entry in the sharait-wajib-ul-arz to the contrary. ..... is an entry in wajib-ul-arz which provides that all the minerals discovered in future will vest in state, however, 'brick earth' has not been expressly provided for in the said entry ..... law laid down in aforesaid pronouncements is that brick- earth excavated from private land would not vest in state by virtue of notification dated 01.06.1958 in absence of express entry in wazib-ul- ..... of sub-section (2) of section 42 of the act, the presumption is that it vests in the proprietors of the land. ..... the brick earth clearly vests in the land owner and not in the ..... instant case the entry in wajib-ul-arz is to the effect that the rights to all minerals without exception vest with the government. ..... evident from the above mentioned sharait- wajib-ul-arz that there is no specific mention that the brick- earth would vest in the government. ..... provisions of section 42 of the land revenue act become relevant to determine whether 'brick earth' vests in state or landowner. ..... that entries in wajib-ul-arz clearly provide that all types of minerals discovered in future vest in the state. .....

The Secretary to Govt., Punjab, Revenue Deptt., Chandigarh and ors. Vs ...

Court : Punjab and Haryana

Reported in : AIR1977P& H114

..... pepsu law, in so far as these are inconsistent with the provisions of the 1973 act, stand repealed, no such benefit can be claimed by the writ petitioners, because the said surplus area shall vest in the state government free from all encumbrances from the date on which possession thereof is taken by it or on its behalf under section 8, and the said surplus area can be disposed of by ..... before the commencement of this act, under either of the said enactments, 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 continued and disposed of, from the stage these were ..... utilized till 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 the tenant in ..... in view of the death of sunder singh, the order declaring his land as surplus area cannot be executed since the estate of sunder singh deceased had vested in the writ petitioners and bhaga singh's sons in equal shares and, therefore, in view of the provisions of section 32ff of the pepsu tenancy and agricultural .....

Chand and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1979P& H19

..... shri mohunta even went to the length of contenting that the collectors though exercising quasi-judicial functions under the act were nevertheless primarily executive officers and to vest them with such a discretion might needlessly imperil the same due to pressure from a variety of sources to exercise the said discretion in favour of the favoured few whilst refusing the same in ..... the learned advocate general, haryana had plausibly pointed out to a number of factors which had motivated and indeed compelled the legislature to avoid the vesting of any such power at the level of the collector who in most cases may well be the appellate forum from the decision of the prescribed ..... it was half heartedly argued on behalf of the petitioners that in all statutes which fetter the right of appeal without vesting a corresponding discretion in an authority to relax the same it must necessarily be held that the fetter is unconstitutional and should therefore ..... this evil and to discourage the filing of frivolous appeal and revisions as a subterfuge for remaining in possession of land which in the eye of law stood vested in the state that the legislature had been compelled to step in to regulate the right of appeal and revision. ..... petitioners had then attempted to assail the restrictive sub-sections (7), (8) and (9) of section 18 on the ground that the legislature had not vested any discretion in any authority to relax the same or to grant exemption in an individual case to an appellant or petitioner. .....

Sardara Devi and ors. Vs. Commissioner, Hissar Division and ors.

Court : Punjab and Haryana

Reported in : (2004)137PLR628

..... block development and panchayat officer, social education and panchayat officer or any other officer duly authorised by the state government in this behalf, claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the gram panchayat under this act, may within 2 years from the date of commencement of the punjab village common lands (regulation) haryana amendment act, 1980, file a suit for adjudication about ..... block development and panchayat officer, social education and panchayat officer or any other officer duly authorised by the state government in this behalf, claiming right, title or interest in any land or other immovable property vested or deemed to have been vested in the panchayat under this act, may within a period of two years from the date of commencement of the punjab village common lands (regulation) haryana amendment act, 1980, file a suit for adjudication ..... , whether such land or other immovable property is shamilat deh or not and whether any land or other immovable property or any right, title or interest therein vests or does not vest in a panchayat under this act, in the court of the assistant collector of the first grade having jurisdiction in the area wherein such land or other immovable property is situate. .....

Naurang Singh (Died) Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1997)115PLR363

..... original suit, application or execution proceedings'.section 13: bar of jurisdiction in civil court'no civil court shall have jurisdiction:(a)to entertain or adjudicate upon any question, whether a property or right or interest in any property is or is not shamilat deh vested or deemed to have been vested in a panchayat under this act; or(b) to question the legality of any action taken by the commissioner or the collector or the panchayat, under this act, or (c) in respect of any matter which the commissioner or the collector is empowered ..... making such enquiry, as he may think fit and in accordance with such procedure as may be prescribed put the panchayat in 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 it under this act and for so doing the collector may exercise the powers of a revenue court in relation to the execution of a decree for possession of land under the punjab tenancy act, 1887.provided further ..... or is supported by a valid deed and is not in excess of the share of the co-sharer in the shamilat deh.section 3 lands to which this act applies:-(1) xx xx xx(2) notwithstanding anything contained in sub-section (1) of section 4, where any land has been vested in a panchayat under shamlat law, but such land has been excluded from shamilat deh, as defined in clause (g) of section 2, all rights title and interests of the panchayat in such land, shall, as from the commencement of this .....

Present: Mr. Vikas Mehsempuri Advocate Vs. Joint Development Commissio ...

Court : Punjab and Haryana

..... custom, or usage or any decree or order of any court or other authority, all right, title and interest whatever in the land- (a) which is included in the shamilat deh of any village, shall, on the appointed date, vest in a panchayat having jurisdiction over the village; (b) which is situated in the abadi deh of a village and which is under the house owned by a non-proprietor, shall at the commencement of this act ..... or usage or any decree or order of any court or other authority, all rights, title and interests whatever in the land,-- (a) 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 civil writ petition no.13700 o 7. ..... any land which is vested in a panchayat under the shamilat law shall be deemed to have been vested in the panchayat under ..... 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 is constituted; (b) which is 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. ..... considered opinion, disregards the provisions of the 1954 and the 1961 acts as well as the meaning of the expression shamilat deh hasab hisas mundarja shajra nasab .the 1954 act was enacted to vest land described as shamilat deh . .....