How do I claim title of share in Shamlat land?

In Property Law

It has been a practice in India to allocate some land for the use of common facilities like schools, dispensaries, playgrounds, pastures for grazing, and so on. This land is called Shamlat Land which is created by the contribution of all land owners on pro rata basis on the basis of their holdings. 

For this purpose an act was passed named as Punjab Village Commons Land Regulations (Rules), 1954 later amended to 1961 and 1964. The law is that contributed land is given to Panchayat to manage it but the title and ownership remains with original contributors. Panchayat cannot sell Shamlat Land unless approved by the government for creating a facility by central government or any Panchayat plans sent and approved by the government.

Shares or contribution by each land owner is listed in 'Ismaye Malkan'. In the present case the land was sold to ITBP for setting up a Batallion base. Section 15 of Act provides for claiming the share by appealing to the District Collector within 30 days, with discretion to condone delay. Sale is not published or announced publicly and any one living away from village is not informed.

Even though I have sold my lands long back but title of share in Shamlat land remains intact. How do I claim the same?

Answers (1)

386 votes

The publication for sale of land is made in the village where the land is located and not to the place where the seller is living. The revenue records have only the details of the person in column of ownership and share of the person, and the address is hardly recorded by the patwari.

Since the land has been sold to ITBP and your shyamlath share is retained as per you, then the revenue records must be reflecting your share. The limitation to claim compensation is 12 months from the date of application of rules provided you have constructed some house in the said shyamlath land. If not, you cannot claim any compensation for the same.

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