Chandigarh News : Following the orders of the Punjab and Haryana high court that the June 21 instructions issued by the Haryana government for restoring the village common lands (shamilat deh), which were wrongly partitioned and alienated to gram panchayats be kept in abeyance, the state government has come out with a set of fresh clarificatory instructions. The state government had issued June 21 instructions following an April 7 Supreme Court (SC) judgment.
As per the clarification issued by the revenue department on August 18, the lands recorded as shamilat deh in the revenue record at the time of consolidation or settlement and later on changed in ownership may be corrected in the revenue record only after issuing a notice to those persons recorded as owner in revenue records and after providing an adequate opportunity of hearing to them. “In the column of remarks of the record of rights, an entry may be made during the pendency that till the decision of the notice, the said land is a subject of scrutiny and not to be transferred to the third party,” the clarification said.
It further said that in respect of jumla mustarka malkaan (land carved out for common purpose from the holding of the proprietors, the control and management of which vests with gram panchayat), in the column of possession or cultivation, the entries, whatsoever is in the record, be corrected or changed as through gram panchayat/municipality concerned. However, in case any individual is recorded in the cultivation column, that entry may be corrected by following due procedure of law such as by filing an eviction petition or application for correction of girdawari.
The pending partition proceedings in respect of jumla mustarka malkaan lands may be decided by the authority concerned keeping in view the law laid down by the apex court. In those cases, where the lands originally recorded as shamilat or mustarka malkan had already been partitioned or alienated and third-party rights have been created, the panchayats department and the urban local bodies department may initiate proceedings in accordance with the law to restore such lands, the clarification said.
It is expected that land chunks described in the revenue records as shamilat deh (village land reserved and used for common purpose) and wrongly partitioned and alienated would now be restored to gram panchayats in Haryana following the SC judgment.
A SC bench comprising Justice Hemant Gupta and justice V Ramasubramanian in its landmark April 7 judgment had ruled that the village common land (shamilat deh) can neither be re-partitioned amongst the proprietors nor sold. The SC had held that the entire land reserved for common purposes by applying pro-rata cut had to be utilised by the gram panchayat for the present and future needs of the village community. “No part of the land can be re-partitioned amongst the proprietors and such land would not be available for sale,” the apex court had ruled. It said the argument of the proprietors that the land which is not capable of being used for common purposes of the inhabitants of a village shall be reverted to the proprietors is untenable and unsustainable
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