E-Paper
Shamlat land eviction: Majri block panchayats lament ‘arbitrary’ government order
Panchayat sarpanches said the financial commissioner revenue, under the Consolidation Act, used his power to cancel the consolidation done in 1991 without giving them an opportunity to be heard.
Strong resentment prevails among five village panchayats and land owners over the orders of financial commissioner revenue (FCR), Punjab, wherein he cancelled the mutation done through various sale deeds by buyers for around 3,600 acres of land in five villages of Kasauli, Gurha, Karondiawal, Bhigandi, and Jayanti Majri.
Dubbing it an “arbitrary” order, the sarpanches said the FCR, under the Consolidation Act, used his power to cancel the consolidation done in 1991 by the officer concerned without giving them an opportunity to be heard.
Speaking about the same, Bhigandi’s sarpanch Pal Singh said the FCR has no power to determine the proprietary rights, which individuals had gained after their sale deeds were duly registered by the revenue officers, adding that the order was completely arbitrary and that they would oppose it in the high court
He further said the orders will put all owners into unwanted and continuous litigation, which may last for several years.
Rajinder Singh Virk, a land owner in Kasauli village, said the Article 300-A of the Indian Constitution protects the proprietary rights of the individuals and the FCR had no powers to determine the rights, which even in the case of dispute are settled by the civil courts.
He added that the FCR did not hear a single affected party and various other government departments who were carrying out developmental activities in these villages and erred in assuming that every shamlat deh land vests with the panchayat. He said a Supreme Court of India order had upheld that even if the land was to be used for common purposes for the betterment of the area, the proprietary rights of individuals on such lands will remain intact.
Speaking about the issue, chief conservator of forest hills Harsh Kumar said the forest development schemes like plantation, soil conservation works, agroforestry, eco-tourism will continue irrespective of the orders.
According to the sarpanches of Kasauli, Gurha, Karondiawal, Bhigandi, and Jayanti Majri villages, the case is already pending with the additional deputy commissioner (ADC, development).
Kasauli village’s sarpanch Somnath said, “Our villagers are the owners of the land since before independence, and it is in no way shamlat land. The unfortunate part is that the FCR has not taken panchayats into confidence before issuing the orders..”
The FCR had on June 2 ordered those 3,600 acres of panchayat land at five villages under the Majri block, which had been transferred to individuals, be restored to the village panchayat, quashing an earlier order dated April 22, 1991, by the consolidation officer following which over 3,000 acres of panchayat land covering hills and choes had been acquired by individuals.
A Vigilance Bureau probe had been recommended against the officials who were involved in the land grab.
