PATRAM versus GRAM PANCHAYAT KATWAR & ORS.

Citation: [2020] 3 S.C.R. 1196 · Decided: 04-03-2020 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

Judgment (excerpt)

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1196
SUPREME COURT REPORTS
[2020] 3 S.C.R.
PATRAM
v.
GRAM PANCHAYAT KATWAR & ORS.
(Civil Appeal No. 6319 of 2009)
MARCH 04, 2020
[L. NAGESWARA RAO AND DEEPAK GUPTA, JJ.]
Punjab Village Common Lands (Regulation) Act, 1961 –
ss.2(g)(3) and 2(g)(5)(v) – Whether the word ‘shamilat’ has to be
read with taraf, patti, pannas, and tholas or only with taraf in sub-
clause (v) of clause (5) of s.2(g) – Held: The definition of ‘shamilat
deh’ in s.2(g) of the Act includes all lands described as ‘shamilat
deh’ or charand excluding abadi land – In clause (3) of s.2(g),
there is a comma after the word ‘shamilat’ whereas such comma is
missing in sub-clause (v) of clause (5) of s.2(g) – There seems to be
an error rather than a deliberate non-use of the comma – This is
because clause (3) provides that land described as ‘shamilat’,
‘tarafs’, ‘patties’ ‘pannas’ and ‘tholas’, are to be treated as ‘shamilat
deh’ land only if they are used for the common purpose of the village
– This clearly implies that if the land described as ‘shamilat’, ‘taraf’,
‘patti’, ‘panna’ and ‘thola’ were not being used for the common
purpose, it would not fall within the meaning of ‘shamilat deh’ –
Clause (v) is the negative portion of the definition which provides
that certain lands will not be treated as ‘shamilat deh’ and these are
those land which have been described as ‘shamilat’, ‘taraf’, ‘patti’,
‘panna’ and ‘thola’ in the revenue record and not used according
to the revenue record for the benefit of the village community or a
part thereof or for the common purpose of the village – The absence
of the comma after the word ‘shamilat’ is not of any great significance
– In fact, it appears that the comma has been left out by mistake
and in fact a comma should be read after ‘shamilat’ and before
‘taraf’ in the latter part of the section also – The word ‘shamilat’
has to be read with all four- ‘taraf’, ‘patti’, ‘panna’ and ‘thola’ – A
land can be ‘shamilat deh’ only if it is ‘shamilat taraf’, ‘shamilat
patti’, ‘shamilat panna’, or ‘shamilat thola’ – In case the word
shamilat is missing from any of these four terms, then the land cannot
be said to be belonging to a group of people and could never become
‘shamilat deh’ land.
[2020] 3 S.C.R. 1196
1196
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Punjab Village Common Lands (Regulation) Act, 1961 –
s.2(g) – Whether land in occupation of appellant is ‘shamilat deh’
land and vests in the village common body – Held: In the revenue
records, the land was shown as ‘Shamlat Patti Dhera & Khubi’ –
‘Dhera & Khubi’ were the ancestors of the appellant – The
possession is shown as that of proprietors/self-cultivators and an
entry was made in favour of the Panchayat Deh in 1987-1988 –
The land was always shown to be ‘Shamlat Patti Dhera & Khubi’
and in the cultivation of the appellant or his ancestors – Moreover,
the land was never shown to be used for the benefit of the entire
village community or even for a part of the community – The land
cannot be described as ‘Shamilat Deh’ and, therefore, would not
vest in the village proprietary body – The name of the appellant be
entered in the column of ownership with the entry ‘shamlat patti’.
Punjab Village Common Lands (Regulation) Act, 1961 –
‘shamilat deh’ land – Meaning of – Held: The word ‘shamilat’
basically means ‘held in joint possession and undivided lands which
are part and parcel of a village’ – When these lands are held
commonly by a village proprietary body, they are described as
‘shamilat deh’ land.
Punjab Village Common Lands (Regulation) Act, 1961 –
‘taraf’, ‘patti’, ‘panna’ and ‘thola’ – Meaning of – Held: ‘Taraf’,
‘patti’, ‘panna’ and ‘thola’ are different terms but have a common
strain or similarity running through them – These descriptions are
of land of a group of villagers based on clan, caste, sect, area, etc.
– In British India, the village was divided into different pattis/sections
based upon caste, religion, occupation, etc. of the persons residing
in the village – Patti is described as division of land into separate
portions or strips in a village – These locations are known as pattis
– Patti is basically, therefore, a small division of the village – The
terms ‘taraf’, ‘panna’ and ‘thola’ may be different but are akin to
patti and also deal with community of villagers residing separately
– Therefore, they have virtually the same meaning – It is also
apparent that a patti can normally be created out of the shamilat
land only when a group of people enjoy some portio

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