[ad_1]
The High Court has rejected the order of Haryana and Punjab Governments to transfer the ownership rights of land to panchayats. The High Court said that the ownership right of the land cannot be transferred to the Panchayats only by the administrative order.
The Supreme Court, while disposing of hundreds of pending petitions regarding the ownership right of Shamalat Zaman, had accepted the ownership right of this land of the panchayat. In its decision, the Supreme Court ordered both the states to register the ownership rights of the panchayats. After this, both the states issued an administrative notification and freed the panchayats to start the process of determining the possession of these lands in their own names.
Bhambul Singh and 76 others filed a petition before the High Court through senior advocate VK Jindal against the government’s order. After the hearing of the matter, the bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari of the High Court said that some aspects were left untouched in the order of the Supreme Court on which clarification is necessary.
The High Court has now clarified the order saying that while taking ownership of the land, it has to be made clear that only the land can be taken back which has not been legally transferred to a third party. According to this order of the court, the ownership right in favor of the buyers of this land will remain until the government claims it under the prescribed procedure.
Also Read: A bus full of passengers overturned in Pulwama, 4 people died
The court clarified that where the land reserved for general purposes has been transferred to its owners and the control of the land has not been taken over by the panchayats, then the panchayat itself cannot be considered the owner. A division bench of the High Court comprising Justice Sureshwar Thakur and Justice Kuldeep Tiwari passed the order quashing the executive directives issued by Haryana in June and August 2022 and by Punjab in October 2022.
[ad_2]
Source link