Suit Claiming That Land Belongs To Dam Dama Sahib Shrine Not Barred by Punjab Land Reforms Act: Supreme Court
|The Supreme Court held that a suit claiming that the land belongs to the religious shrine Dam Dama Sahib is not barred by Section 21 of the Punjab Land Reforms Act, 1972.
The Court said that the suit was essentially for a declaration that the land belonged to the religious and charitable shrine Dam Dama Sahib, and there was no challenge to the validity of any order under the Act.
The Court was hearing an appeal assailing the judgment where the Punjab & Haryana High Court set aside the judgment of ADJ and held that the Civil Court's jurisdiction was barred under Section 21 of the Punjab Land Reforms Act, 1972.
While noting that the present suit does not fall under either of the categories mentioned under Article 21 of the Act the bench of Justice Vikram Nath and Justice Prashant Kumar Mishra observed, “The appellants' suit was essentially for a declaration that the land belonged to the religious and charitable shrine Dam Dama Sahib, and there was no challenge to the validity of any order under the Act.”
Brief Facts-
The appellants, followers of the Dam Dama Baba Sahib Singh shrine in Una, filed a suit claiming land dedicated to their religious institution was illegally transferred and declared surplus by the Punjab government. The Trial Court dismissed their suit, but the appellate court partly ruled in their favour, recognizing some land as charitable and exempt from the surplus declaration. The High Court reversed the decision and held that the Civil Court's jurisdiction was barred under Section 21 of the Land Reforms Act. It emphasized that the appellants had not challenged the order declaring the land surplus before the appropriate authorities under the Act, and thus, the suit was not maintainable. The same has been challenged in the present appeal.
The Court perused Section 21 of the Land Reforms Act and noted that it bars the jurisdiction of Civil Courts only in specific circumstances: (a) suits for specific performance of a contract for the transfer of land, and (b) questioning the validity of any proceeding or order taken or made under the Act.
The Court said that the Civil Court alone has the jurisdiction to decide and declare whether the land belonged to the religious shrine or Tikka Devinder Singh, a descendant of Baba Sahib Singh in his personal capacity.
The Court further said that the suit filed by the appellants was not a challenge to the validity of the surplus order but a suit for declaration regarding the ownership of the land.
Accordingly, the Court set aside the order of the High Court and remitted the matter back for fresh consideration.
Finally, the Court allowed the appeal.
Cause Title: UJAGAR SINGH (DEAD) Thr. LRs. & ANR v. Punjab State (Neutral Citation: 2024 INSC 497)