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Section 14 – The Punjab Land Reforms Act,1972

The Punjab Land Reforms Act,1972

Section 14. Exemption of lands belonging to religious or charitable institutions

Notwithstanding any judgement, decree or order of any court or authority, the provisions of this Chapter shall not apply to lands belonging to any religious or charitable institution of a public nature in existence immediately before the date of commencement of this Act, but not belonging to the mahant, mohtamim or manager thereof;

Provided that the exemption specified herein shall be admissible till such time only as the land or income therefrom is utilized for the specified purpose of such institutions and shall not be admissible to the lessees of such lands.

Explanation ” For the purpose of this section, `religious or charitable institution means ”

(i) a temple;

(ii)a gurudwara;

(iii) a gaushala;

(iv) a wakf as defined in clause (ii) of section 3 of the Wakf Act,1954 Parliament Act 29 of 1954); or

(v)any other religious place of the public nature.

COMMENTS

The land declared surplus in the hands of Gurur will remain surplus in the hands of Chela after the death of Guru because it is not a case of natural inheritance. The second plea taken by the counsel for the petitioner is that the institution is religious one and under the Land Reforms Act exemption should have been granted. As the case already been decided under the Punjab Security of Land Tenures Act,1953 under which no exemption was provided to the religious and charitable institution and it has not been proved on record that the institution is religious and charitable one, so the plea for granting exemption is not tenable and has no force. Mahant Sewa Dass Chela Mahant Rattan Dass vs. the State,1991 PLJ 710

The main plea taken on behalf of the petitioner is that Akhara Braham Buta is religious and charitable Institution of a public nature and this is stands exempted under Section 14 of the Punjab Land Reforms Act and the tenants-respondents have no right to make applications for purchase under Section 18 of the Punjab Security and Land Tenures Act,1953 read with Section 15 of the Punjab Land Reforms Act. The respondents do not fulfill the requisition conditions as laid down in Section 18 of the Punjab Security of Land Tenures Act; that Section 15 of the Land Reforms Act cannot overdrive the provisions of Section 14 of the Act; that the respondent is not in possession of the land in dispute from the year 1953. Had they been in possession, the tenants permissible area would have been declared. Akhara Braham Buta vs. Shri Inderjit (since dead) Rep. By his L.Rs.,1991 PLJ 503

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The Punjab Land Reforms Act,1972

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