GRAM PANCHAYAT OF VILLAGE JAMALPUR Vs. MALWINDER SINGH
LAWS(SC)-1985-7-25
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on July 09,1985

GRAM PANCHAYAT OF VILLAGE JAMALPUR Appellant
VERSUS
MALWINDER SINGH Respondents





Cited Judgements :-

MUNICIPAL COUNCIL VS. RANJIT SINGH [LAWS(P&H)-2007-5-98] [REFERRED TO]
MOHAN LAL VS. DEPUTY COMMISSIONER-CUM-CHIEF SETTLEMENT COMMISSIONER [LAWS(P&H)-2003-2-61] [REFERRED TO]
USHA AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2016-1-269] [REFERRED TO]
SURAJ BHAN AND OTHERS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2016-7-254] [REFERRED TO]
CHARAN SINGH VS. MUNICIPAL COMMITTEE RANIA [LAWS(P&H)-1996-2-108] [REFERRED TO]
SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT VS. JAMES VARGHESE [LAWS(SC)-2022-5-10] [REFERRED TO]
PERIYAR REAL ESTATES VS. STATE OF KERALA [LAWS(KER)-2002-1-39] [REFERRED TO]
COMMISSIONER, COMMERCIAL TAX, GOVT. OF MADHYA PRADESH VS. THE OFFICIAL LIQUIDATOR AND ORS. [LAWS(DLH)-2016-4-75] [REFERRED TO]
VEEJOY INTERNATIONAL (INDIA) VS. STATE AND OTHERS [LAWS(CAL)-1999-4-108] [REFERRED TO]
Widia (India) Limited and others VS. The State of Karnataka and others [LAWS(KAR)-2003-8-97] [REFERRED TO]
PLANTERS FORUM VS. STATE OF KERALA [LAWS(KER)-2014-11-264] [REFERRED TO]
INDIAN TRAWLERS ASSOCIATION ERNAKULAM VS. STATE OF KERALA [LAWS(KER)-1992-2-24] [REFERRED TO]
AJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2004-3-109] [REFERRED TO]
GRAM PANCHAYAT OF VILLAGE KUM-KALAN VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-151] [REFERRED TO]
MOHINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-3-50] [REFERRED TO]
CHARAN SINGH VS. MUNICIPAL COMMITTEE RANIA [LAWS(P&H)-1996-2-11] [REFERRED TO]
IQBAL SINGH THROUGH HIS L.RS. VS. THE JOINT DEVELOPMENT COMMISSIONER (I.R.D.) AND OTHERS [LAWS(P&H)-2013-9-548] [REFERRED TO]
GURJIT SINGH VS. GRAM PANCHAYAT VILLAGE KASSABAD [LAWS(P&H)-2017-2-93] [REFERRED TO]
WEST BENGAL STATE CO OPERATIVE BANK LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-10-96] [REFERRED TO]
GODREJ & BOYCE MANUFACTURING CO. LTD. VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-2-33] [REFERRED TO]
GRAM PANCHAYAT VS. STATE OF HARYANA [LAWS(P&H)-1996-3-69] [REFERRED TO]
GRAM PANCHAYAT KATHEMAJRA VS. UNION OF INDIA [LAWS(P&H)-1994-9-4] [REFERRED TO]
JAIN SINGH VS. STATE OF HARYANA [LAWS(P&H)-1995-1-33] [REFERRED TO]
JOWAND SINGH VS. ASSISTANT CUSTODIAN GENERAL [LAWS(P&H)-1990-11-165] [REFERRED]
GRAM PANCHAYAT VILLAGE KUM KALAN VS. STATE OF PUNJAB [LAWS(SC)-2008-2-40] [REFERRED TO]
SOHAN SINGH AND ORS. VS. ADDITIONAL DIRECTOR, RURAL DEVELOPMENT & PANCHAYATS AND ORS. [LAWS(P&H)-2015-4-602] [REFERRED TO]
PARKASH SINGH VS. JOINT DEVELOPMENT COMMISSIONER [LAWS(P&H)-2013-11-68] [REFERRED TO]
S KANAGARAJ AND VS. GOVT OF T N [LAWS(MAD)-1990-10-6] [REFERRED TO]
MARIAMMA SUNNY VS. STATE OF KERALA [LAWS(KER)-1993-12-34] [REFERRED TO]
DATLA VENKATA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-11-85] [REFERRED TO]
ALPHA CORP. DEV. PVT. LTD. VS. ALPHA RESIDENTS WELFARE ASSOC. (REGD.) [LAWS(P&H)-2017-2-75] [REFERRED TO]
GRAM PANCHAYAT VILLAGE SEKHOWAL VS. STATE OF PUNJAB [LAWS(P&H)-2013-4-163] [REFERRED TO]
BABA BALKAR SINGH VS. JOINT DEVELOPMENT COMMISSIONER [LAWS(P&H)-2024-2-75] [REFERRED TO]
YOGENDRA KUMAR JAISWAL AND ORS. VS. STATE OF BIHAR AND ORS. [LAWS(SC)-2015-12-75] [REFERRED TO]
NAGAR PANCHAYAT BEGOWAL VS. STATE OF PUNJAB [LAWS(P&H)-2014-1-46] [REFERRED TO]
SUKHRAJ SINGH VS. JOINT DEVELOPMENT COMMISSIONER [LAWS(P&H)-2010-9-201] [REFERRED TO]
GRAM PANCHAYAT, MOHRI VS. RAJPAL [LAWS(P&H)-2012-10-715] [REFERRED]
JAGJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1994-3-42] [REFERRED]
WIDIA INDIA LIMITED VS. STATE OF KARNATAKA [LAWS(SC)-2003-8-25] [REFERRED]
K SREENIVASACHARI VS. CUSTODIAN OF EVACUEE PROPERTY AND SECY TO COMMISSIONER SURVEY SETTLEMENTS AND LAND RECORDS HYD [LAWS(APH)-1999-7-57] [REFERRED TO]
KARANTIKARI SURAKSHA RAKSHAK SANGHATANA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-10-58] [REFERRED TO]
PARAMJIT SINGH VS. DIRECTOR, RURAL DEVELOPMENT AND PANCHAYATS AND OTHERS [LAWS(P&H)-2013-7-456] [REFERRED TO]
BALWANT SINGH AND ORS. VS. COMMISSIONER, GURGAON DIVISION [LAWS(P&H)-2014-5-647] [REFERRED TO]
BHARAT HYDRO POWER CORPORATION LTD VS. STATE OF ASSAM [LAWS(GAU)-1997-7-15] [REFERRED TO]
HARCHAND VS. AKHTAR HUSSAIN KHAN [LAWS(P&H)-1988-9-28] [REFERRED TO]
KARTAR SINGH VS. COLLECTOR [LAWS(P&H)-1995-8-11] [REFERRED TO]
LACHHMAN VS. JOINT DIRECTOR, PANCHAYATS, PUNJAB AND OTHERS [LAWS(P&H)-2007-2-163] [REFERRED]
LACHHMAN VS. THE JOINT DIRECTOR, PANCHAYATS, PUNJAB [LAWS(P&H)-2007-3-356] [REFERRED TO]
MUNICIPAL COUNCIL, KHARAR VS. STATE OF PUNJAB [LAWS(P&H)-2019-10-22] [REFERRED TO]
GRAM PANCHAYAT DHANI SILANWALI VS. UNION OF INDIA [LAWS(P&H)-2002-11-59] [REFERRED TO]
DARSHNA KUMARI VS. SOHAN SINGH [LAWS(SC)-2022-5-212] [REFERRED TO]
ANIMAL WELFARE BOARD OF INDIA VS. UNION OF INDIA [LAWS(SC)-2023-5-86] [REFERRED TO]
RAJIV SARIN VS. STATE OF UTTARAKHAND [LAWS(SC)-2011-8-78] [REFERRED TO]
KRISHI UPAJ MANDI SAMITI VS. SHIV SHAKTI KHANSARI UDYOG [LAWS(SC)-2012-8-53] [REFERRED TO]
SECURITY ASSOCIATION OF INDIA VS. UNION OF INDIA [LAWS(SC)-2014-4-138] [REFERRED TO]
STATE OF HARYANA VS. JAI SINGH [LAWS(SC)-2022-4-18] [REFERRED TO]
TARA SINGH VS. GRAM PANCHAYAT [LAWS(P&H)-2000-5-99] [REFERRED TO]
PRITAM SINGH VS. MUNICIPAL COMMITTEE [LAWS(P&H)-1995-3-52] [REFERRED TO]
K T PLANTATION PVT LTD VS. STATE OF KARNATAKA [LAWS(SC)-2011-8-39] [REFERRED TO]
BHARAT KUMAR S VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2000-10-1] [REFERRED TO]
SRINIVASA RESORTS LIMITED VS. STATE OF A P [LAWS(APH)-2001-11-5] [REFERRED TO]
ASSAM ROLLER FLOUR MILLS ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-2008-9-35] [REFERRED TO]
MINOR S ASWIN KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-4-389] [REFERRED TO]
NAHAR SINGH VS. GRAM PANCHAYAT [LAWS(P&H)-2000-3-79] [REFERRED TO]
MOHINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2003-12-71] [REFERRED TO]
PUNJAB WAKF BOARD VS. GRAM PANCHAYAT, DAKHA, TEHSIL AND DISTRICT LUDHIANA AND OTHERS [LAWS(P&H)-2011-9-243] [REFERRED TO]
RAJIV SINGH VS. CHIEF SETTLEMENT COMMISSIONER, HARYANA [LAWS(P&H)-2013-7-100] [REFERRED TO]
RAJIV SINGH VS. CHIEF SETTLEMENT COMMISSIONER, HARYANA [LAWS(P&H)-2013-7-100] [REFERRED TO]
LAJJA RAM VS. RATI CHAND [LAWS(SC)-2023-11-84] [REFERRED TO]
STATE OF PUNJAB VS. GRAM PANCHAYAT [LAWS(SC)-2002-3-58] [REFERRED TO]
M P CEMENT MANUFACTURERS ASSOCIATION AND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2001-11-62] [REFERRED TO]
EXCEL GLASSES LTD VS. STATE OF KERALA [LAWS(KER)-1991-10-18] [REFERRED TO]
ROSEMARY VARKEY.M. VS. STATE OF KERALA [LAWS(KER)-2024-7-171] [REFERRED TO]
MINOO FRAMROZE BALSARA VS. UNION OF INDIA [LAWS(BOM)-1991-2-37] [REFERRED TO]
NIRMAL UTTHASINI AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-10-57] [REFERRED TO]


JUDGEMENT

- (1.)Eight writ petitions were filed in the High Court of Punjab and Haryana, involving a common question of law as to the alleged repugnancy between the Administration of Evacuee Property Act of 1950 and, the Punjab village Common Lands (Regulation) Act of 1953 (referred to herein as 'the Punjab Act of 1953'). Four, out of the eight writ petitions, relate to lands situated in the State of Haryana, while the remaining four relate to lands situated in the State of Punjab.
(2.)The controversy in the writ petitions is between the right of the Gram Panchayats to the Shamlat-deh lands situated in these villages which fall within their jurisdiction and, on the other hand, the right of the Rehabilitation Department of the Central Government to allot lands of that description, to the extent of the evacuee interest therein, to persons who migrated from Pakistan to India after the partition of the country. The contention of the Central Government and, of persons to, whom its Rehabilitation Department has allotted the Shamlat-deh lands on their migration to India, is that the interest, in such lands, of the Muslims who migrated to Pakistan is evacuee property which the Central Government has the right to allot under the provisions of the displaced Persons (Compensation and Rehabilitation) Act of 1954. On the other hand, the contention of the Government of Punjab and of the Gram Panchayats in Punjab and Haryana is that, by reason of the provisions of the Punjab Act of 1953, the interest of all persons, whether Hindus, Sikhs or Muslims, in the Shamlat-deh lands stood extinguished and those lands were placed by the said Act under the control and power of the respective Gram Panchayats.
(3.)Prior to the partition of India on August 15, 1947 the shamlat-deh lands in Punjab were owned by the proprietors of the other lands in the village, "Hasab Rasad Khewat", that is to say, in the same proportion in which they owned the other lands. Therefore, a person who did not own any other land in the village could have no proprietary right or interest in the shamlat-deh lands. But, though the interest of the proprietors of the other lands, in shamlat-deh lands, was incidental to their proprietary interest in those other lands, such interest in the shamilat was not a mere appendage to their interest in the other lands. Our learned Brother, Chinnappa Reddy, has referred in his judgment to a leading decision of the Lahore High Court (Rahaman v. Sai ILR 9 Lah 501 : (AIR 1928 Lah 922)) in which it was held that, if a proprietor alienated his land, the alienee would not acquire any interest in the Shamilat by mere virtue of the alienation. That was but consequential to the well-established legal position in Punjab that the Shamlat-deh lands were intended for the common use of all sharers.


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