| Statement of Objects and Reasons. - Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, provides that a Gram Panchayat may make an application to the Collector for having the possession of shamlat land transferred to it. In many cases when this application is filed a question of title is raised by the other party. The Punjab and Haryana High Court has decided that as and when a question of title is raised it should be decided first by the Collector. Section 11 of the Act gives a right to a person for claiming the right, title or interest in the shamlat land. Some writ petitions have been filed in the Punjab and Haryana High Court by the individuals to the effect that the Gram Panchayats have no right to file a suit under section 11 of the Act which are pending. Since there is no specific provision authorising the Gram Panchayats to file suits under Section 11 of the Act, it is proposed that Sections 7 and 11 may be amended in order to give a right to the Gram Panchayats to file a suit where a question of title is raised.
Punjab Government Gazette (Extraordinary), July 16, 1993.
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