Comprehensive Guide to Shamlat Deh (Village Commons) in Rural Land Ownership in Pakistan
Introduction to Shamlat Deh
In 1849, after the formation of the province of Punjab by the East India Company, a system was established for uncultivated land. The rule was that anyone who dug a well and cultivated the land would be considered the owner. For this purpose, villages (mozas) were formed, and ownership registers (khewat) were created.The individual registered as the owner was known as the Khewatdar.
As the system evolved, by 1901, it had extended to many regions across British India, including what is now Khyber Pakhtunkhwa.
Understanding Higher and Lower Ownership
In this system, Higher Ownership referred to the original landowners who inherited the property through generations. Lower Ownership, on the other hand, applied to those who purchased land from the higher owners.
Abadi Deh (Village Inhabitation)
Over time, residential areas, places of worship like mosques and temples, were demarcated with red lines, known as Abadi Deh. The ownership of these areas solely rested with the higher owners. Lower owners had no ownership rights in these areas, even if they resided in the village.
Shamlat Deh (Village Commons)
As villages grew, certain common areas such as grazing lands, funeral grounds, cemeteries, schools, and hospitals were designated as Shamlat Deh or village commons. These areas were shared among the landowners based on their landholding proportion and could not be sold or transferred. The owners could only benefit from these facilities.
Who Can Claim Shamlat Deh?
Only the higher owners have the right to claim the land under Shamlat Deh. Lower owners cannot claim these common lands, even if the higher owner had previously given them possession. This is because, during the initial red demarcation lines, only the names of the higher owners were recorded in the revenue department’s records under Shamlat Deh.
Current Perspective on Shamlat Deh
Despite common belief that no one owns Shamlat Deh, in reality, the ownership still rests with the higher owners, who continue to collectively own these lands.
Conclusion
Shamlat Deh plays an important role in the rural land ownership system, providing essential community services like grazing grounds and public infrastructure. While higher owners retain rights to these lands, they cannot individually sell or claim exclusive possession, ensuring that Shamlat Deh remains a shared resource for village communities.