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Prior to the partition of India, the Shamlat-deh lands in Punjab were owned by the proprietors of the other lands in the village, “Hasab Rasad Khewat” in the same proportion in which they owned the other lands. A person who did not own any other land in the village could therefore have no proprietary right or interest in Shamlat-deh lands. There were some villages in Punjab which were mostly inhabited by Muslims, with the result that almost all the lands in those villages were owned by Muslim proprietors who, as a result of their proprietary interest in those Lands had a proportionate undivided’ share in the Shamlat-deh lands.

They had only an ‘undivided’ share in the Shamlat-deh lands because such lands were not liable to be partitioned. Some of the villages in Punjab and many in Haryana were inhabited partly by Muslims and partly by non-Muslims. After the partition most of the Muslims proprietors migrated to Pakistan whereas the non-Muslims continued to live in their villages. Problems of administration of the properties of those who had left the country and those who had poured into the country arose.

The question as to the management and the preservation of the property left by Muslim evacuees led to the passing of the East Punjab Evacuees (Administration of Property) Act, 14 of 1947. This Act of the State Legislature, was repealed and replaced by an Act passed by the Parliament, the Administration of Evacuee Property Act, 1950. The interest of all evacuees which had vested in the Custodian appointed under the Punjab Act 14 of 1947, came to be vested in the Custodian appointed under the Central Act of 1950. In the villages which were wholly inhabited by Muslims and from which almost the entire population migrated to Pakistan, all the Shamlat-deh lands together with the other proprietary lands were declared evacuee property and came to be vested in the Custodian.

In the writ petitions filed in the High Court the controversy was between the right of the Gram Panchayats to the Shamlat-deh lands situated in those villages which fell within their jurisdiction and, on the other hand, the right of 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 Government of Punjab and of the Gram Panchayats in Punjab and Haryana is that, by reason of the provisions of the Punjab Village Common Lands (Regulation) 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.

What is Shamlat Deh?

Shamlat Deh is the land which is used for the benefit of the village community or any part for the common purpose of the village.

Lands recorded as Shamlat Deh /Panchayat Deh  are covered under the definition of Shamlat Deh under section 2(g)(i) of the Punjab Village Common Lands (Regulation) Act, 1961 and therefore encroachments from such lands can be removed under the Act.

The Shamlat Deh includes:-

• Land described in the revenue records as Shamlat Deh excluding abadi deh;
• Shamilat Tikkas
• Land described in the revenue record as shamilat, Taraf, Pattis, Pannas and Tholas and used according to revenue records for the benefit of the village community or a part thereof or for common purpose of village.
• Lands used or reserved for the benefit of the village community including streets, lanes, playgrounds, schools, drinking wells, jor ponds within abadi deh or gora deh and
• Lands in any village described as Banjar quadim and used to common purposes of the village, according to revenue records.[1]

But does not include land which :

• Omitted
• If the land has been allotted on quasi permanent basis to a displaced person,
• If the land has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950.
• having been acquired before the 26th January, 1950, by a person by purchase or in exchange for proprietary land from a co-sharer in the Shamilat deh and is so recorded in the Jamabandi,
• is described in the revenue records as Shamilat, Taraf, Pattis, Pannas, and Tholas and not used; according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village,
• lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act.
• was Shamilat deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in such Shamilat deh on or before the 26th January, 1950, or
• was being used as a place of worship or for purposes subservient thereto, immediately before the commencement of this Act.”[2]

The Court in Kangra Velly Slate Company Ltd. v. Kidar Nath and others[3], has held as under

“That Section 3(a) of Punjab Act No. 1 of 1954 is not limited to the rights, title and interests of proprietors as such, but extends to all persons having the same in the land included in the shamilat deh and further that Section 3(a) extends to rights, title and interests in such land even when the same have been acquired from proprietors as such prior to the coming into force of the Act in relation to the land irrespective of the persons having rights, title or interests in it so long as it is shamilat land.”

Lands to which this Act applies-

The Shamilat Law shall be deemed always to have applied to all lands which are shamilat  deh.

Where any land vested in the Panchayat under the shamilat law, but such land has been excluded from Shamilat deh as defined in clause (g) of section 2, all rights, title and interest of the Panchayat in such land shall, as from the commencement of this Act, cease and such rights, title and interest shall be revested in the persons in whom the vested immediately before the commencement of the Shamilat law and the Panchayat shall deliver possession of such land to such person or persons:

Section 4 deals with vesting of rights in Panchayat and non-proprietors

• All rights, title and interest in the land 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 in a Panchayat constituted 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.
• Which is situated within or outside the abadi deh [4]of a village and which is under the house owned by a non-proprietor on the commencement of Shamilat law, be deemed to have been vested in such non-proprietor.
• Any land which is vested in a Panchayat under the Shamilat law shall be deemed to have been vested in the Panchayat.
• existing rights, title or interests of persons who, though not entered as occupancy tenants in the revenue records are accorded a similar status by custom or otherwise, such as Dholidars, Bhondedars, Butimars, Basikhopohus, Saunjidars, Muqarrirdars;
  • (ii) rights of persons in cultivating possession of Shamilat deh, for more than twelve years without payment of rent or by payment of charges not exceeding the land revenue and cesses payable thereon.
  • (iii) rights of a mortgagee to whom such land is mortgaged with possession before the 26th January, 1950.

 Section 5 deals with regulation of use and occupation, etc of lands vested or deemed to have been vested in Panchayats-

(1)       All lands vested or deemed to have been vested in a Panchayat under this Act, shall    be utilised or, disposed of by the Panchayat for the benefit of the inhabitants of the village concern in the manner prescribed.  

(2)       The area of Shamilat deh to be utilized for the purposes of the third proviso to sub-section (1) shall be demarcated by such officer in consultations with the Panchayat and in such manner as may be prescribed.

(3)       The State Government or any officer authorised by it in this behalf may, from time to time, with a view to ensuring compliance with the  provision of the second proviso to sub-section (1) or sub-section (2) issue to any panchayat such directions as may be deemed necessary.

²(4)      Nothing shall apply to the Hilly area.

³(5)      Nothing shall be disposed of by way of sale, gift or exchange,  so as to have with the Panchayat, cultivable area which is less than fifty percent of the total cultivable area  vested  or deemed  to have been vested in the Panchayat ].

If any person is aggrieved  by an act or decision of Panchayat under section 5,he may, within thirty days from the date of such decision, appeal to the Collector who may confirm, reverse of modify decision or make such other order as he thinks to be just and proper. The order of the Collector shall be final. (Section 6)

The collector on an application made panchayat, after making such enquiry, 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 doing so the collector  may exercise the powers of a revenue court in relation to execution of a decree for possession  of land under the Punjab Tenancy Act,1887. (Section 7 of the Act)

An appeal against the order of the collector shall lie to the Commissioner and the period of limitation for such an appeal shall be sixty days from the date of the order appealed against.

Commissioner under this Act to exercise powers under Punjab Act 31 of 1973.-

For the purposes of appeals under section 9 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973 hereinafter referred to be the said Act in relation to lands vested or deemed to have been vested in a panchayat under  this Act, the Commissioner under  this Act shall be deemed to be the Commissioner under the said Act].

Where, on any land in the shamilat deh immediately before it vests or is  deemed to have been vested in a Panchayat under this Act, a person is in cultivating possession and his uncut and  ungathered crops are standing thereon, he  shall not be ejected from such land, unless his  crops have ripened and he has been allowed reasonable time to harvest them. Section 8 of the Act)

Any income accruing from the use and occupation of the lands vested or deemed to have been vested in a Panchayat shall be credited to the Panchayat fund and shall be utilised in the manner prescribed.No persons  shall be entitled to any compensation for any loss suffered or alleged to have been suffered as a result of the coming into force of this Act or of the Shamilat law.

Power of the Collector to cancel or vary leases etc. of lands vested in Panchayats.

(1)       The Collector in the area of his jurisdiction may call for the record of any  lease contact or agreement entered into by the Panchayat in respect of land vested or deemed to be vested in it, whether such lease, contact or agreement is entered before or after the commencement of the Act.

(2)       If on examination of the record and after making such inquiry, the Collector is satisfied that such lease, contract or agreement:

• has been entered into in contravention of any of the provisions of this Act or the Rules made there under
• has been entered into as result of fraud or concealment of fact
• is detrimental to the interests of the panchayat as prescribed; the Collector may, notwithstanding anything as aforesaid, cancel the lease, contract or agreement or vary the terms thereof unconditionally or subject to such conditions as he may think fit

 (3)       Where the terms of any lease, contract or agreement have  been revised by the Collector the variation shall, notwithstanding anything contained it this Act or Shamilat law  be binding on the parties  to  the lease,  contract or agreement as the case may be.

(4)       Where the lessee or the person with whom a contract or agreement has entered into by a Panchayat refuses to accept the variation made by the Collector under this section in the terms of lease, contract or agreement, shall be deemed to be cancelled by the Collector with effect the date of such refusal.

(5)       Where any lease, contract or agreement is cancelled or is deemed to be cancelled or its terms are varied, the person with whom the contract or has been entered into, is entitled to receive compensation to be assessed by the Collector for any loss or damage caused to the lessee or such person,.

Section 11 of the Punjab Village Common Lands Act gives a right to person who claims a right, title or interest in Shamilat deh to approach the Collector who after examining the matter can grant the necessary relief, if a case is made out. Section 11 reads as :-

“11. Decision of claims of right, title or interest in Shamilat deh. – (1) Any person claiming right, title or interest in any land, vested or deemed to have been vested in a Panchayat under this Act or claiming that any land has not so vested in a Panchayat, may submit to the Collector, within such time, as may be prescribed, a statement of his claim in writing and signed and verified in the prescribed manner and the Collector shall have jurisdiction to decide such claim in such manner as may be prescribed.

(2) Any person or a Panchayat aggrieved by an order of the Collector made under sub-section (1) may, within sixty days from the date of the order, prefer an appeal to the Commissioner in such form and manner as may be prescribed and the Commissioner may after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such order as he deems fit.”

Gurmeet Singh v. Consolidation Officer, Ludhiana, (P&H)[5]

In this case the Assistant Consolidation Officer was having no jurisdiction to change the mutations from the name of Shamlat Patti Rajputan and Shamlat Patti Awana to the name of individual proprietors and to re-partition the land. The contention here was  whether the land in question is a Bachat land or Shamlat deh which vests in the Gram Panchayat, being the land belonging to Shamlat Patti, in view of Section 2(g) of the Punjab Village Common Lands (Regulation) Act (hereinafter referred to as `the Act’), is to be decided before changing the mutation in the name of the individual proprietors. Such question can only be decided by the authorities under the Act and the consolidation authority has no jurisdiction to decide such question as so held by the Hon’ble Supreme Court in Gram Panchayat, Nurpur v. State of Punjab and others,[6].    

[2] Gram Panchayat, Jalajan v. Director, Consolidation of Holdings, Pb., 1997(1) P.L.R. 600

[3] 1961 The Punjab Law Reporter (Vol. LXIII) 553

[4] Land included in abadi deh in Jamabandi is excluded from shamilat Deh and Panchayat has no jurisdidction over it.

[5] 2003(1) R.C.R.(Civil) 678

[6] 1997(4) RCR(Civil) 47 (SC) : 1997(1) PLJ 268

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