HEMANT GUPTA, J. - (1.) This order shall dispose of aforesaid two writ petitions challenging the order dated 10.07.1998, whereby the proceedings for delivery of possession in favour of the petitioners were annulled on the ground that the land in dispute is shamlat and the possession thereof could not have been delivered to the petitioner. However, for facility of reference, the facts are taken from CWP No. 13042 of 1998.
(2.) It is the case of the petitioners that petitioner Nos. 1 to 8 and petitioner Nos. 1 to 7 and 9 have purchased land measuring 255 Kanals Marlas and 105 Kanals 0 Marlas in Village Ucha, Hadbast No. 85, Tehsil and District Kapurthala from Balwant Lal son of Ishwar Dass and Vishnu Mal son of Nathar Mal respectively vide two sale deeds dated 13.08.1997. Balwant Lal and Vishnu Mal were allotted the land on 03.12.1981 and 10.12.1984 respectively by Tehsildar-cum-Managing Officer, Kapurthala. It is pointed out that subsequently in a judgment reported as Gram Panchayat of Village Jamalpur v. Malwinder Singh and others, AIR 1985 SC 1394, the Hon'ble Supreme Court has held that the share of muslim evacuees in the shamlat will not vest with the custodian and will continue to be shamlat deh. In view of the said judgment, the dispute regarding title of its vendors arose. But the State of Punjab promulgated Punjab Act No. 8 of 1995 amending Punjab Village Common Lands (Regulation) Act, 1961, which protects the transfer made prior to the decision of the Hon'ble Supreme Court. Section 2(g)(iia) reads as under: "2. Definitions - In this Act, unless the context otherwise requires- (g) "shamilat deh" includes- (ii-a) was shamilat deh, but, has been allotted on quassi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this Act, but on or before the 9th day of July, 1985"
(3.) The legality of such amendment was challenged before this Court. A Division of this Court in a judgment reported as Gram Panchayat of Village Kum Kalan v. The State of Punjab and others, 2010 (3) RCR (Civil) 729 has upheld the validity of the Statute.;