Haryana orders immediate closure of all cases pertaining to Shamlat-Deh land

The orders have far reaching consequences as thousands of acres of common land (Shamlat Deh) in Haryana sold off by shareholders or gram panchayat for monetary gains would now get freed with the owners being ousted following this Supreme Court order. The Shamlat Deh land is reserved and used for common purposes.

“The Departments of Development and Panchayats and Urban Local Bodies across have been asked to take immediate action – wherever Jumla Mushtarka Malkan and similar common purposes lands have been partitioned/ alienated, the process regarding reclaiming the property in light of the Supreme Court judement, may be decided and acted upon,” the orders read.

Jumla Mushtarka Malkan is a variety of common land created during consolidation after applying a pro-rata cut on the holdings of proprietors under the Consolidation Act.

“If cases pertaining to Jumla Malkan and Mushtarka Malkan are pending in the High Court, an application may be moved before the same, as per the apex court judgment to request formal dismissal and closure of such cases. The revenue department will help in identifying such partitioned lands,” the orders read.

“The land of Jumla Mushtarka Malkan is reserved during consolidation by applying a pro-rata cut from the lands of all landowners. In this land, there are two categories – 1, which falls within permissible ceiling limit; 2, which falls outside permissible ceiling limits. It is mentioned in the judgment that the land of common purposes not necessarily falling within permissible ceiling limits would vest with the gram panchayat. Therefore, irrespective of the description of the land in revenue records, all lands reserved for common purposes must be entered in the property register of gram panchayat,” they add.

“It has also come to the notice of the government that several lands which are entered in the revenue record as ‘Shamlat Deh’ and similar entries have been wrongly partitioned/ alienated. This was never permissible under the Act. Therefore, the department of development and panchayat may move to restore such land to the panchayat. Urban local bodies department may take action as proposed for the development and panchayat department, in respect of Jumla Mushtarka Malkan lands and Shamlat Deh lands included in extended municipal bodies’ limits wherein these lands were received as legacy from the erstwhile gram panchayats,” the orders mention.

“Keeping in view of the gravity and sensitivity of the matter, the directions be implemented urgently in letter and spirit and especially in conformity with the apex court judgment. A fortnightly progress report may be filed on action taken,” said the orders issued by additional chief secretary-cum-financial commissioner (revenue) mention.

The Supreme Court on April 7 had passed these directions in ‘The State of Haryana through Secretary to Government of Haryana versus Jai Singh & others’ and other connected civil appeals.

Citing the salient features of the judgment, P K Das said, “Mutations shall be entered by halqa patwari of land recorded as Shamlat Deh”.

“All pending cases of partition of Shamlat Deh and similar lands and Jumla Mushtarka Malkan and similar lands, which are with the revenue courts, be filed and consigned in the view of apex court judgment and no fresh cases to be entertained”.

What did the SC say?

A bench of Justices Hemant Gupta and V Ramasubramanian held that the entire land reserved for common purposes by applying pro-rata cut had to be utilised by the panchayat for the present and future needs of the villagers. “No part of the land can be re-partitioned amongst the proprietors and such land would not be available for sale,’’ the apex court ruled.

The SC 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.

“The land has been put to a common pool by applying a pro-rata cut. Once a pro-rata cut has been applied, the management and control of such land vest with the panchayat. There is no question of reverting the land to the proprietors,” the bench said. Also, the panchayat will not have title over the land but as part of management and control, the panchayat is at liberty to put the land for the use for common purposes, the Supreme Court said.

The SC also said the land which was not part of the permissible limits under the land ceiling laws stand acquired and vested with the panchayat in terms of judgment in Ranjit Singh case. However, in respect of the land forming part of permissible limits of the proprietor under the land ceiling laws, the management and control vest with the panchayat.

“Neither the Punjab village common lands Act, 1961 nor the consolidation of holdings Act, 1948 contemplates redistribution of land to the proprietors. It is an irrevocable act which cannot be undone. Therefore, once the land vests with the panchayat, it can be used for common purposes of the community and will never revert back to the proprietors,’’ the SC said, dismissing the appeals filed by proprietors. It also ordered that writ petitions filed before the high court will also stand dismissed. The findings recorded by different benches of the high court are clearly erroneous and not sustainable”, the Supreme Court ruled.