Could under the garb of the welfare of the inhabitants of Punjab and the in view of the pandemic, the panchayat land be gifted, sold etc?
By: Balbir Singh Sooch
“Could under the garb of the welfare of the inhabitants of Punjab and the in view of the pandemic, the panchayat land be gifted, sold etc? Whether the Gram panchayat land could be gifted, sold, transferred etc?”
‘Questions of Law’ forwarded for the consideration of all in view the citation: By Balbir Singh Sooch-Sikh Vichar Manch
https://indiankanoon.org/doc/
Gram Panchayat Village Paluwas vs Maharana Partap Charitable Trust on 25 April, 2011
Civil Revision No.1774 of 2010 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Operative Part of Judgment:
"5A Disposal of lands vested or deemed to have been vested in Panchayat.-(1) A Panchayat may, on such terms and conditions as may be prescribed, gift, sale, exchange or lease the land in shamilat deh vested in it under this Act to the members of Scheduled Castes and backward Classes of the village in which such land is situated and to the persons of any other category.
(2) The gift, sale, exchange or lease of land in shamilat deh already made shall be deemed to have been made under sub- section (1).
5B. Certain transfers not to affect Panchayat's rights.-(1) Any transfer of land, gifted, sold, exchanged or leased before or after the commencement of this Act, made in contravention of the prescribed terms and conditions shall be void and the gifted, sold, exchanged or leased land so transferred shall revert to and revest in the Panchayat free from all encumbrances.
The cabinet authorised DC Mohali to complete all necessary formalities for the transfer of the land in Mullanpur Garibdas village in Kharar block of SAS Nagar (Mohali) district. Chief Secretary Vini Mahajan said construction of the institute would start by the end of this year.
Notably, there is no provision in the Punjab Village Common Lands (Regulation) Rules, 1964 for gifting panchayat land to the Central Government, but Section 21 of the General Clauses Act, 1897 provides that the power to make rules includes the power to amend or relax the rules.
The cabinet noted that the institute will be for the welfare of the inhabitants of Punjab, and stressed that the institute would of vital importance in view of the pandemic” Updated: 05 May 2021, 07:39 PM IST: ANI: Live Mint
‘Questions of Law’ forwarded for the consideration of all in view the citation: By Balbir Singh Sooch-Sikh Vichar Manch:
http://www.sikhvicharmanch.
Whether the Gram panchayat land could be gifted, sold, transferred etc?
Could under the garb of the welfare of the inhabitants of Punjab and the in view of the pandemic, the panchayat land be gifted, sold etc?
https://indiankanoon.org/doc/
“Meanwhile, the cabinet approved one-time relaxation in Punjab Village Common Lands (Regulation) Rules, 1964 for transfer of 5 acres of Panchayat land in Mohali to the Indian Council of Medical Research (ICMR) for the establishment of the National Institute of Virology for North Zone. The Institute has been sanctioned by the central government on a proposal by the Punjab government.