1p. Sathasivam, J. - (1.) This appeal is directed against the judgment and order dated 24.05.2000 of the High Court of Punjab and Haryana at Chandigarh in C.W.P. No. 4816 of 1996 in and by which the Division Bench dismissed the writ petition filed by the appellant herein.
(2.) Gram Panchayat, Village Kum Kalan, Tehsil and Dist. Ludhiana through its Sarpanch, has filed the above appeal. According to the appellant, the mutation of the land in dispute which is Shamlat Deh measuring 242 kanals 11 marlas was sanctioned in favour of the Gram Panchayat. Earlier the Punjab Village Common Lands (Regulation) Act, 1953 was amended by Punjab Act No. I of 1954 and definition of Shamlat Deh was given in Section 2(g) of the said Act and the provisions of the Amended Act were made applicable w.e.f. 09.01.1954 retrospectively. In the Jamabandi, for the year 1965-66, Gram Panchayat has been described as the owner. Similarly, in the year 1970-71, Gram Panchayat was shown as the owner.
(3.) The dispute arose regarding the applicability of the provisions of the Punjab Village Common Lands (Regulation) Act, 1961 and the provisions of the Administration of Evacuee Property Act, 1950. The matter was taken to this Court and by order dated 19.03.1975, this Court granted stay of the allotment of the land to the displaced persons. In spite of the stay orders of this Court, the land was allotted to Savitri Devi, Widow of Bal Mukund, respondent No.7 herein and the Gram Panchayat-appellant herein was compelled to file Civil Writ Petition No. 3560 of 1976 in the High Court of Punjab and Haryana challenging the allotment of the Shamlat Deh land in favour of Savitri Devi. By order dated 23.08.1985, the High Court quashed the allotment of Savitri Devi-respondent No.7 herein.;