Officials unclear on legality of ‘shamlat land’ sale deed

Ravneet Singh

Tribune News Service

Patiala, December 7

The office of Sub-Divisional Magistrate (SDM), Rajpura, Shiv Kumar, has failed to establish whether sale deed of a ‘shamlat land’ is legal or illegal in a report, which took more than six months to prepare. The report was prepared following directions of Director, Department of Rural Development and Panchayat.

 In the report regarding the ‘shamlat land’ in Rajpura measuring 13,320 square yards (22 kanal and 4 marlas) sold in 1991, the SDM stated that registration of its sale deed was very old and it could be changed or challenged in the civil court only. He decided to remain silent on its authenticity. The price of land in question, being held privately, runs into crores.

The report was prepared after Varun Malhotra, a resident of Patiala, sent a legal notice to the director and secretary, rural development and panchayat, Punjab, besides other officials concerned stating that the sale deed of the ‘shamlat land’ was illegal.

According to documents in possession of The Tribune, the land in question is ‘shamlat land’ according to previous ‘jamabandi’ of 1986-87. It is in possession of 11 people on the basis of a sale deed dated September 13, 1991. It was sold through a 31-member-committee while as per rules of Punjab village common land ‘shamlat land’ cannot be sold without prior permission of director, rural development and panchayat. 

Mutation for the land was done in the court of Assistant Collector, Rajpura, JS Bal, in June 1994 at sale price of Rs 4.10 lakh. According to mutation authenticity of that sale deed was questioned in the court of Assistant Collector stating it was completed on the basis of fake document. The Assistant Collector nevertheless accepted registry of the land.

While SDM Shiv Kumar denied commenting on the report, Additional Deputy Commissioner (ADC) Poonamdeep said, “The report does not mention if the land has been held privately in an illegal manner. It states that the registry is old and any change can be done through the civil court only.” 

 “Whosoever is grieved by the sale deed should go to the civil court. The report has been sent to the office of director, rural development and panchayat,” she added.

Meanwhile, former district development and panchayat officer (DDPO) Paramjit Singh and advocate of complainant Varun Malhotra said, “The law clearly states that it is ‘shamlat land’, which cannot be sold without the permission of director, rural development and panchayat. The move is a bid to save corrupt officials. We will take the matter to court.”