Courtroom reprieve for individuals who purchased ‘nazool’ land earlier than ’70
Saurabh Malik
Chandigarh, January 11
In a major judgment, the Punjab and Haryana Excessive Courtroom has made it clear that an govt communication dated June 5, 2014, staying the registry of “nazool” land wouldn’t be relevant to instances the place full cost was made previous to the issuance of the notification dated October 28, 1970.
The ruling by Justice Vikas Bahl is important as Rule 7 of the Nazool Lands (Switch) Guidelines, 1956, didn’t present for embargo on land switch after the final instalment was paid. However the rule was subsequently amended by the October 1970 notification and restriction was imposed on nazool land’s switch.
Of their petition earlier than Justice Bahl’s Bench, Rajesh Verma and one other petitioner had submitted that greater than 71 kanals of nazool land was allotted to at least one Punjab Singh vide allotment letter dated April 4, 1968. All instalments have been paid the identical 12 months and sale certificates was issued in his favour in March 1969.
The petitioners, who bought part of the property, vide sale deeds dated January 21, 1997, and September 7, 1997, said that Rule 7 was relevant on the time of the allotment to Punjab Singh. The rule was solely subsequently amended by the October 1970 notification and restriction on switch was imposed.
Justice Bahl’s Bench was informed {that a} show-cause discover was issued to the petitioners for buying the property in violation of the amended guidelines, to which a reply was filed. The Kapurthala District Collector, vide an in depth order dated June 25, 2014, noticed the allotment was made to Punjab Singh in 1968, and the requisite cost was made the identical 12 months earlier than the issuance of the sale certificates subsequent 12 months previous to the modification to Rule 7. As such, the land had come out of the federal government’s purview. The modification subsequent to the sale certificates was not relevant to the land.
However the Deputy Commissioner, vide a letter dated June 5, 2014, issued basic instructions that the be aware relating to nazool land within the jamabandis would stay intact and the keep on the registries would proceed. Consequently, the petitioners, absolute house owners, have been unable to train all of the rights within the property.
Referring to a judgment in a single Sukhdev Singh’s case, Justice Bahl asserted the petitioners’ matter was squarely lined by it. “The petition is allowed and it’s noticed that the sale of the land in favour of the petitioners isn’t unlawful they usually had acquired full rights in respect of the land bought by them and the identical can’t be curtailed in any method by any govt determination,” Justice Bahl concluded.
About it
Nazool is a sort of presidency land used for non-agricultural function positioned on the disposal of the authority involved