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february 2008

Supreme Court of India · 2008-02-11

GRAM PANCHAYAT, VILLAGE KUM KALAN vs STATE OF PUNJAB .

Citation / case number
SC 2000/10044
Court
Supreme Court of India
Petitioner
GRAM PANCHAYAT, VILLAGE KUM KALAN
Respondent
STATE OF PUNJAB .
Author
P. SATHASIVAM ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the amendments made to the Punjab Village Common Lands (Regulation) Act, 1961, particularly the amendment on 08.05.1995, which sought to validate illegal allotments of land to displaced persons, were unconstitutional and violative of the original Act. The Court reaffirmed the legal principle that legislative amendments cannot override judicial decisions, specifically referencing the earlier ruling in Gram Panchayat of village Jamalpur vs. Malwinder Singh & Ors. The appeal was allowed, quashing the notification and the amendment provisions, thereby restoring the Gram Panchayat's rights over the Shamlat Deh land.

GRAM PANCHAYAT, VILLAGE KUM KALAN vs STATE OF PUNJAB . · Niyam