NOTIFIED AREA COMMITTEE AND ANR. versus DES RAJ AND ORS.

NOTIFIED AREA COMMITTEE AND ANR. versus DES RAJ AND ORS.

Land vested in Gram Panchayat by operation of the Punjab Village Common Land (Regulation) Act, 1953, is not divested by the proviso to Rule 3 of the Punjab Gram Panchayat Rules, 1965; rights acquired under the repealed 1953 Act are protected, and the proviso does not apply to such lands.

Parties
Appellant: Notified Area Committee; Respondent: Des Raj; Respondent: Rajiv K. Garg; Respondent: N.D. Garg
Jurisdiction
India
Judgment Date
08 August 1995
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Judgment Dated 12.8.1991 in Rs.a.no. 1179 of 1991
Outcome
Appeal allowed
Legal Topics
Vesting of Land, Repeal and Saving, Punjab Village Common Land Regulation, Gram Panchayat Powers, Interpretation of Statutes
Property Law Local Government Law Vesting of Land Repeal and Saving Punjab Village Common Land Regulation Gram Panchayat Powers Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Notified Area Committee

Appellant

Des Raj

Respondent

Rajiv K. Garg

Respondent

N.D. Garg

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab & Haryana High Court Judgment Dated 12.8.1991 in Rs.a.no. 1179 of 1991

Legal Issues

  1. 1 Whether land included in shamilat deh and vested in the Gram Panchayat under section 3(a) of the Punjab Village Common Land (Regulation) Act, 1953, got divested by virtue of the proviso to Rule 3 of the Punjab Gram Panchayat Rules, 1965

Ratio Decidendi

Land vested in Gram Panchayat by operation of the Punjab Village Common Land (Regulation) Act, 1953, is not divested by the proviso to Rule 3 of the Punjab Gram Panchayat Rules, 1965; rights acquired under the repealed 1953 Act are protected, and the proviso does not apply to such lands.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment set aside
  • Respondents' suit dismissed