Thursday, November 21, 2013
JUSTICE KULDIP SINGH SPECIAL TRIBUNAL REPORT PART-V: Punjab Land Grab - Fraudulent civil decree enabled illegal sales
Tribune News Service
Chandigarh, November 13
Terming the sale of shamlat lands in Chhoti and Bari Nagal villages near Chandigarh to an alleged front company of a corporate house in 1993 as "collusive" and "illegal", the Special Tribunal headed by Justice Kuldip Singh has recommended that the lands be restored to the panchayat and defaulters be proceeded against.
The Special Tribunal stated, "The Jamabandi for the year 1975-76 shows that total land in village was 13977 bigha 16 biswas, out of which land measuring 13576 bigha was “Shamlat Deh Hasab Rasad Rakba Khewat” (common land in accordance with ratio in holdings). Shamlat deh land according to Jamabandi included the Gair Mumkin 12473 bigha (hilly and Nadi), Barani (908 bigha 17 biswa), Baag Barani (16 bigha 5 biswa), Banjar Qadim - permanent barren land - (36 bigha 15 biswa) and Banjar Jadid - new barren land - (140 bigha 8 biswa). It is, thus, obvious that out of the total land measuring 13977 bigha 16 biswa, only 401 bigha 16 biswa of land was personally owned by the right holders.
“The right holders of village Chhoti-Bari Nagal filed a suit for declaration in the Court of Nirmal Singh, Sub Judge-III Class, Kharar on 13.3.1992 (Case No.82 dated 13.3.1992), seeking declaration that they were owners in possession and they have effected a partition privately among themselves. The Gram Panchayat and other respondents did not raise any objection and the suit was decreed on 20.12.1993. An un-readable photo copy of the Sub Judge’s order is on the record of this Tribunal. On the basis of the above said order of the Civil Court, Mutation No. 730 was sanctioned on 22.2.1995.
“The decree of the Civil Court was collusive and based on fraud. Apart from that the Civil Court had no jurisdiction to entertain the suit as the land being Shamlat land was governed by the provisions of the Punjab Village Common Lands (Regulation) Act, 1961.
“After obtaining the decree, the right holders sold large chunks of land to different persons. The Jamabandi for the year 2005-06 shows an entry in Khewat No.99, Khatuni No.132 to 354 wherein land measuring 4,747 bighas is shown under the ownership of Fauja Singh Infrastructure Pvt. Ltd.,Chandigarh. We are informed that Fauja Singh Infrastructure Pvt. Ltd is a Front Company of the Quark IT Company with headquarters at Mohali. “It may be mentioned that proceedings under the Punjab Land Revenue Act, 1972 were undertaken against M/S Fauja Singh Infrastructure Pvt. Ltd before the Deputy Commissioner-cum-Collector (Agrarian), SAS Nagar. The Collector decided the case on 7.10.2010 and permitted the permissible area of land to be retained under the above said Act. The order of the Collector shows that apart from Chhoti-Bari Nagal, the above said land owner had similarly purchased 89 acres in village Majrian and about 40 acres in village Parul (HB No.340).
“It is, thus, obvious that the Shamlat land/ Panchayat/ other public land is being purchased in large chunks by various persons/ corporations from the right holders who have illegally obtained their shares on the basis of the collusive and illegal court decree. “The Jamabandi further shows numbers of sales by the right-holders to different persons. The sales are multiplying every day. The Civil Court decree dated 20.10.1993 mentioned above being collusive and wholly illegal, is liable to be declared a nullity and nonest (not any). The land be restored to the Panchayat by initiating appropriate proceedings against the defaulters.”
(To be continued)
"It is, thus, obvious that the Shamlat land/ Panchayat/ other public land is being purchased in large chunks by various persons/ corporations from the right holders who have illegally obtained their shares on the basis of the collusive and illegal court decree."
Copyright : The Tribune Trust, 2012