Examine validity of Punjab’s Land Act: SC to HC

The Supreme Court has directed the Punjab and Haryana High Court to examine the Constitutional validity of a land amendment Act...

The Supreme Court has directed the Punjab and Haryana High Court to examine the Constitutional validity of a land amendment Act brought in by the state Government, apparently with the aim of nullifying its judgement in a case of illegal land allotments.

“In view of the fact that the high court has not considered the challenge as to the validity or otherwise of the amendment Act and the notification thereon, we have no option except to set aside the impugned order,” a Bench comprising Justices Arijit Pasayat and P Sathasivam observed as they slammed the high court for dismissing a petition filed by a gram panchayat challenging the legality of the Act.

“The dismissal of the writ petition in such a summary manner without adverting to their relief prayed for, without indicating any reason, is clearly indefensible,” the court said while remitting the matter back to the high court.

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The apex court passed the direction while partly allowing an appeal filed by the Gram Panchayat, Kum Kalan, in Punjab’s Ludhiana district.

The panchayat had challenged Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, that empowered the state Government to validate and legalise allotment of land, allegedly in an illegal manner, to evacuees and displaced persons.

According to the panchayat, the amendment was brought in by the government solely to nullify the effects of an SC judgment in 1985, which had held that the allotments were illegal.

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