Chandigarh- The Punjab and Haryana High Court has rejected the orders of the Haryana and Punjab government to transfer the ownership rights of Shamlat lands to the panchayats. The High Court said that land ownership rights cannot be given to panchayats only by administrative orders. A bench of Justice Lisa Gill and Justice Ritu Tagore has sent the matter to the Chief Justice for hearing. Before this, the Bhagwant Mann government had also ordered to change the ownership rights of Samlat lands in the names of Panchayats. In the order, CM Mann had said in a strict tone that people should not give up the possession of Shamlat lands or else be ready to spend.
The Supreme Court, while disposing of hundreds of pending petitions regarding the ownership of Shamlat land, had accepted the ownership of this land by the panchayat. In its judgment, the Supreme Court ordered both the states to ensure that ownership rights are registered in the name of panchayats. After this, both the states had issued an administrative notification and freed the Panchayats to start the process of taking possession of these lands in their respective names.
The High Court has now clarified this order and said that while taking ownership of the land, it has to be made clear that only that land can be taken back, which has not been legally transferred to a third party. Due to this order of the court, the ownership right in favor of the buyers of this land will remain till the time the government makes a claim under the prescribed procedure and the courts cancel this right.
Published by:Ashish Sharma
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