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Shamilat deh (common land) in the State of Punjab, including State of Haryana – Even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought. [PLRonline]

by PLRonline
April 24, 2024
in CIVIL, Revenue
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After whole or part of the Panchayat area comes within the Municipal limits and the Panchayat ceases to exist, the land would vest with the Municipality and will not revert back to the proprietors.

68. With respect to the conclusion no. (iii) by the Full Bench in Jai Singh-II, it was observed that the land which has been cultivated by the proprietors on pro-rata cut and which have not been earmarked for any common purpose, commonly called as Bachat land, shall not vest with the Gram Panchayat. We are unable to agree with such conclusion. The land reserved for common purposes was reserved for the requirement of village community in praesenti and in future. If the land has not been put to use for any common purpose soon after the consolidation and/or thereafter, it cannot be said to be a Bachat land. The land mass is not going to increase but the requirement of the people and the expectations of the village community is ever expanding. Therefore, even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought.

State of Haryana through Secretary to Government of Haryana v. Jai Singh 2022 (2) RCR (Civil) 803

Source: Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to subscribe Trial Pack)
Tags: 14785003116023319403401708445560IDAPanchayatPartitionshamilat dehshamlat dehWill
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Punjab Village Common Lands (Regulation) Act 1961 S. 4(1)(a) – Land which is recorded as ‘Shamlat Deh’ in the revenue record, is ‘Shamlat Deh’ within the meaning of Section 2(g) of the 1961 Act and is to vest in the Gram Panchayat in terms of section 4(i)(a). [PLRonline]

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[SC] NIA S. 138 - Loan availed at P - In order to harass the petitioner, the cheque was presented in the banks Branch at C - Proceedings can not continue at C. [213 PLR 612]

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