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Supreme Court of India 2020-03-04 allowed

PATRAM vs GRAM PANCHAYAT KATWAR & ORS

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

This appeal concerns whether land held and cultivated by an individual and his ancestors for over a century can be classified as village common land under the Punjab Village Common Lands (Regulation) Act, 1961, despite being described as 'shamlat patti' in revenue records. The High Court held the land vested in the Panchayat based on its revenue description. The Supreme Court reversed this, holding that land can only be 'shamilat deh' (village common land) if actually used for the benefit of the entire village community or a defined part thereof. Since this land was never used for community purposes and remained under private cultivation, it cannot vest in the village body, despite its revenue classification.

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