Panchayat:Repo18/Law Manual Page0290

Sec. 219 S.82 [corresponding to S.218 of the Panchayat Raj Act, 1994)-Tree standing on river poramboke - Panchayat has right over the tree - After the amendment the entire right was transferred as a consequence of which the Panchayat got right to sell the trees standing on the river poromboke. - Erattupetta Panchayat v. Tahsildar – 1980 KLT 843. S.82 [corresponding to S.218 of the Panchayat Raj Act, 1994]– River puramboke – Rights over - Panchayat has right over the trees standing thereon - After the amendment of the Act by Act 22 of 1967, the entire right in the river puramboke was transferred to the Panchayat, as a consequence of which, the Panchayat got right to sell the trees standing on the river puramboke. - State of Kerala v. Padinharethara Panchayat - 1987 (2) KLT 441. Water course, takes, in a river – River passing through many Panchayat areas – When vests in Panchayat - The term "water course" takes in a river. The river in this case meanders through the areas of many Panchayats. Not being one notified by the Government as envisaged under the section, the river is not vested in the Government, it vested in the Panchayat. - Parameswaran Nairy. n the Panchayat. - Parameswaran Nair v. Ettumanoor Panchayat - 1986 KLT 951 : 1986 KLJ 784. S.82 [corresponding to S.218 of the Panchayat Raj Act, 1994)- A river takes in the river bed. It is difficult to understand the term "river" as confined to the flowing water. The term "river" as contained in S.82 takes in the river bed and the sand, soil or gravel that may constitute the bed. - Parameswaran Nair v. Ettumanoor Panchayat - 1986 KLT 951 : 1986 KLJ 784. S.82(1) corresponding to S.218 of the Panchayat Raj Act, 1994]– Scope and ambit of - Land which is part of water course of a major river flowing through more than one Panchayat, whether vests in the Panchayat - The word "may" has been used to convey that the Government has a discretion to declare that a particular river shall not stand transferred to and vest in the Panchayat. If the Government intends that a particular river should not stand transferred to and vest in the Panchayat then it is required to issue a notification. As a matter of fact sub-s.(1) of S.82 does not make any difference between a major river or a minor river. What it really adverts to is the water-courses which include the rivers as defined in S.2(33) of the Act. Therefore it is only such of the rivers which are included in the notification published in the gazette that shall not stand transferred to and vest in the Panchayat. In the absence of a notification, the river in question which flows through more areas that one Panchayat area stands transferred to and vest in the Panchayat. – State of Kerala v. Venmoney Panchayath - 1986 KLT 562: 1986 KLJ 367 : AIR 1987 Ker.8: ILR 1986 (2) Ker.297. [1982 KLT 252 & 1981 KLT 871 Overruled.] S.82(1) & (A) [corresponding to S.218 of the Panchayat Raj Act, 1994] Rights and liabilities of Government regarding water courses within the Panchayat area vests in the Panchayat - A combined reading of S.82(1) and 82(1A) makes it clear that the Panchayat Act contemplates vesting of water courses falling within a Panchayat, in it, along with the rights and liabilities. - Cheeku v. Pallippuram Panchayat – ILR 1983 (1) Ker.450. S.82 proviso [corresponding to S.218 of the Panchayat Raj Act, 1994], Sluices constructed by Government on bank of a lake - If vests in Panchayat - If can auction the right of fishing - The proviso to sub-section (1) of S.82 makes it clear that it is not only the irrigation work proper that does not vest in the Panchayat but also any work connected with such irrigation work and also any adjacent land appertaining to any such work also does not vest in the Panchayat. It is not just the point where the sluices terminate but the land or area appertaining or adjacent to the area also does not vest in the Panchayat. – Kodamthuruth Panchayat v. Vasu Pillai - 1989 (1) KLT 21 : 1989 (1) KLJ 21. . S.82(2) (corresponding to S.218 of the Panchayat Raj Act, 1994] - Scope of – Power under S.82(2) is not to re-assume title to the properties which vest under S.82(1). There is only the power to define or limit the Control of the panchayat. – President, Paravoor Panchayat - 1975 KLT SN.120 P.48. 219. Contributions from persons having control over places of pilgrimage etc. —Where a mosque, temple, church, mutt or any place of religious worship or instruction or any place which is used for holding fairs or festivals or for other like purposes is situated within a Village Panchayat area or in the neighbourhood, thereof and attracts either throughout the year or on particular occasions a large number of persons any special arrangements necessary for public health, safety or convenience, whether permanent or temporary, shall be made by the Village Panchayat; and the Village Panchayat shall after consulting the trustee or any other person having control over such place, require him to make such recurring or non-recurring contribution to the funds of the Village Panchayat

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