Continuing with the
series, The Tribune today reproduces operative portions of the report
pertaining to Nada village
Chandigarh,
November 18
The
Special Tribunal headed by Justice Kuldip Singh has held that Village Nada was
a "classic example" of huge Gram Panchayat land measuring more than
200 acres having been "grabbed systematically with the connivance of the
Gram Panchayat and the Revenue officials" in Village Nada, which was less
than three kilometres from the Punjab Civil Secretariat in Chandigarh.
Since
the "land grab scandal" was operating right under the nose of the
authorities who are supposed to safeguard the Panchayat Lands, the Tribunal
said that the Punjab & Haryana High Court may take congnizance and direct
the State Government to free the lands of illegal occupation. Among others, the
Report names H. Bajwa, the wife of senior Congress leader, Fateh Jang Singh
Bajwa.
The
Special Tribunal reached this deduction on the basis of its scrutiny of the
revenue records. It held, "Consolidation in the village took place in the
year 1962-63 and Misl Hakiat was prepared at that time. The total area of the
village is 17773 Kanal 11 Marla. The total area of Gram Panchayat is 16113 Kanal
13 Marla. The personally owned land of the village is only 1659 Kanal 18 Marla.
As per the record, 48 Kanal 12 Marla was transferred to Provincial Government
(Capital Project) and the remaining land was given the title of Shamlat deh
Hasab Rasad Jar Khewat.
“The
record shows that on 17.8.1985, Mutation No.1057 was entered by the Village
Patwari and column No. 13 (type of mutation) records, “Kiami Hisses“ as per cut
imposed during consolidation and as per Naksha Haqdaran war. There is no order
from any authority or court for apportioning the shares. This mutation was
sanctioned on 2.5.1986 vide which 576 Kanal 16 Marla of Jumla Mustraka Malkan
land was apportioned by way of shares in the names of Kauri etc. In the remarks
column of Mutation No.1057, it is recorded that Dhanna Ram, Sarpanch and other
right holders had filed an application for determination of the shares of right
holders and it was on that application that Mutation No.1057 was entered. In
this way, out of the total area of 718 Kanal 16 Marla of Jumla Mustraka Malkan
shares were apportioned in respect of 576 Kanal and only 142 Kanal 19 Marla
remained with Jumla Mustraka Malkan.
“576
kanal land consists of Gair Mumkin Nadi (476 Kanal 8 Marla), Gair Mumkin Khala
(84 Kanal 0 Marla) and Gair Mumkin Panchayat Ghar (11 Kanal 12 Marla). It is,
thus, very clear that no part of the land measuring 576 Kanal was capable of
being partitioned and no actual physical possession was ever delivered to any
of the so-called right holders through the process of Revenue Department.
“The
matter does not end with the sanction of Mutation No.1057 but the greed of land
grabbers is evident by the subsequent events. On record, there is a photo copy
of Mutation No.1313 based on Jamabandi of 1993-94.
This
mutation as per Column No.13 has been entered for ”Kiami Hisses Barue Darkhast
We Hukan Janab Tehsildar Sahib dt“. It pertains to 1009 Kanal 13 Marla of land
owned by Shamlat deh Hasab Rasad Jar Khewat and was shown to be in the
possession of Malkan. The mutation was entered by Kuldip Singh, Patwari without
any date. It also bears signatures of Dalip Singh, Joridar Patwari dt
26.7.1994. Through this mutation, 300688 shares were worked out in the name of
Smt. Kauri etc. Before any decision regarding sanction/ rejection of this
mutation No.1313 could be taken, the shareholders shown in column No. 9 of the
mutation started selling the land in anticipation of sanction of the mutation
and 78 sale deeds were executed in the month of June & July, 1994 and 78
mutations bearing No.1317 to 1394 were entered on 13, 14, 16 & 17 February,
1995 and sanctioned on 24.2.1995. However, original Mutation No.1313 was
rejected on 28.7.1994 by A. C-2nd Grade. Needless to mention that there was no
order or direction from any authority or court for determination of the shares
of right holders. Harbhajan Singh Kahlon and his family, who were the largest
purchasers of the land filed a civil suit in Kharar seeking a declaration that
they were the owners in possession of the land purchased by them vide Mutation
No.1317 to 1394 and a mandatory injunction was sought directing defendants
(Revenue Officers) to incorporate the effect of Mutations No.1317 to 1394 in
jamabandi for 1998-99. Mutation No.1313 which was rejected by A.C-2nd Grade was
also challenged.
“However,
the suit filed by the petitioners (by Kahlon family) was dismissed by civil
court on 11.3.2002. First appeal filed by them was dismissed by the Additional
District Judge, Ropar on 22.8.2003. RSA No. 281 of 2004 was filed before the
Hon’ble High Court which was admitted on 27.2.2004 when the order dt 30. 12.
2003 passed by the Commissioner, Patiala Division directing the implementation
of the mutation on the basis of the sale deeds was brought to its notice. No
interim relief was granted. Kahlon family approached the Commissioner, Patiala
Division by way of application bearing No.MA 382 of 2003, praying for review of
Mutation No.1313 of village Nada and for sanctioning the same and for
implementation of Mutation Nos.1317 to 1394.
“While
on the revenue side, Kahlon family was able to obtain a favourable order from
the Commissioner, Patiala on 30.12.2003, the matter remained pending in the
High Court by way of RSA No.281 of 2004. An application was moved by Kahlon
family on 12.1.2007 before Collector, Mohali for sanction of Mutation Nos.1313,
1317 to 1394 on the basis of the order dated 30.12.2003 passed by the
Commissioner, Patiala Division. On the application CM No.4341 of 2005 moved by
Kahlon family, RSA No.281 of 2004 was disposed of on 6.6.2007 as having been
rendered in fructuous. They again approached the revenue authorities for
entering Mutation Nos. 1317 to 1394 on the basis of Mutation No.1313 having
been sanctioned by the Commissioner Patiala on 30.12. 2003 but the matter
remained pending till November, 2007 when revenue authorities held that since
the suit still remains pending, therefore the orders passed by the Commissioner
could not be implemented.
"Kahlon
family again filed CM No.11430-C of 2007 in CM No.4341-C of 2005 in RSA No.281
of 2004 seeking clarification/ modification of the order dated 6.2.2007 and for
allowing them to withdraw the main suit. That petition was allowed by the High
Court by the order dated 22.1 2008 and the order dated 6.2.2007 was modified to
the effect that the petitioner had been permitted to withdraw the main suit.
After
withdrawal of the main suit according to the petitioners there was no hurdle in
the implementation of Mutation Nos. 1317 to 1394 and also because the Gram
Panchayat vide resolution dt 25.3.1994 had admitted the claim of the
proprietors of Nada qua the land comprised in Khasra No.129/1. Since Mutation
No. 1317 to 1394 were not being implemented despite repeated representations,
Writ Petition No.9488 of 2008 was filed by the Kahlon family in the High Court
on 26.5.2008. The said writ petition was disposed of with direction to the Naib
Tehsildar, Majri to decide the representation of the petitioners expeditiously
preferably within two months. As of today, all the mutations i.e.1313, 1317 to
1394 stand sanctioned and implemented in the record. "We have tried to
verify the possession as per the revenue record.
"Village
Nada is a classic case where huge Gram Panchayat deh measuring 16113 Kanal is
being grabbed systematically with the active connivance of the Gram Panchayat
and the Revenue officers/ officials. ..... The Hon’ble High Court may direct
the State Govt to do the needful in all those cases."
(To
be continued)
Didn’t buy
shamlat land: BS Sandhu
Tribune News
Service
Chandigarh,
November 18
Reacting
to a news item published in The Tribune on November 10 on the basis of the
Justice Kuldip Singh Special Tribunal report on illegal occupation of shamlat land
by him, Lt Col BS Sandhu (retd) claimed that as per revenue records, the land
he had purchased was not a shamlat land.
In
a statement, Sandhu said: “From the year 1890-1991, the co-sharers in the
shamlat deh were in individual cultivating possession of the land of Karoran
village, according to the revenue record assessed on their holding. Even the
Vajib- Ul- Araz of the year 1916-17 of Karoran village shows the shamlat land
to be in cultivating possession of co-sharers”. He claimed that due to wrong mutation
no. 1747, dated August 10, 1977, the ownership of the land was changed which
was challenged by the co-sharers. After litigation, the matter was ultimately
referred to Assistant Collector, Kharar, who did not decide the case for long.
Thereforem a direction dated November 24,1992, was issued by Financial
Commissioner, Revenue, to finalise the case without delay.
“This
order was challenged by the gram panchayat by way of CWP No. 12610 of 1999 in
the Punjab & Haryana High Court which was dismissed on September 7, 1999 by
a Division Bench. The review petition was also dismissed on May 4, 2000 and no
SLP was filed and thus the order became final”, said Sandhu.
The
Assistant Collector, Kharar, thereafter set aside the mutation No. 1747 on
April 2, 1993, which was not challenged by gram panchayat Karoran and became
final.
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