Case Note & Summary
The dispute arose from the appellants' challenge to the High Court's dismissal of their writ petition, which sought to prohibit the Gram Panchayat from leasing out charand land and to reserve it for grazing cattle. The appellants, inhabitants of village Khajuri in Haryana, argued that the reservation of charand land for the Gram Panchayat's income violated Article 31A of the Constitution and was illegal under Section 5 of the Punjab Village Common Lands (Regulations) Act, 1961. They contended that the leasing out of the land contravened the grazing rights of both proprietors and non-proprietors. The High Court had previously ruled that the land in question was shamilat-deh, vested in the Gram Panchayat, and had been leased out since 1976 without objection from the villagers. The Supreme Court, upon reviewing the case, noted that the appellants had not raised any objections for approximately 34 years and that some family members had previously taken the land on lease. The court referenced several precedents, including Khushi Puri v. State of Haryana and Bishamber Dayal v. State of Haryana, affirming that the Gram Panchayat had the authority to lease out shamilat-deh land for cultivation. The court found no distinction between charand land and shamilat-deh, rejecting the appellants' claims as based on incorrect assumptions. Ultimately, the court dismissed the appeal, stating that the appellants' actions were not bona fide and that they had accepted the legal position regarding the land's use. The appeal was dismissed without any order as to costs.
Headnote
A) Constitutional Law - Article 31A Violation - Reservation of Charand Land - Constitution of India, 1950, Article 31A - The appellants contended that the reservation of charand land for the income of the Gram Panchayat violated Article 31A, claiming that without compensation, the land could not vest in the Panchayat. The court found no merit in this argument as the appellants failed to substantiate their claims regarding the alleged violation (Paras 1-3). B) Land Law - Powers of Gram Panchayat - Leasing of Shamilat-deh Land - Punjab Village Common Lands (Regulations) Act, 1961, Section 2(g) - The court upheld the High Court's ruling that the Gram Panchayat had the authority to lease out shamilat-deh land for cultivation, as per the provisions of the Act and Rules. The court noted that the appellants had previously accepted the legal position and could not challenge it after benefiting from leasehold rights (Paras 4-6).
Issue of Consideration
Whether the reservation of charand land for the income of the Gram Panchayat violated Article 31A of the Constitution and whether the Gram Panchayat had the authority to lease out the land.
Final Decision
The Supreme Court dismissed the appeal, finding no merit in the appellants' claims regarding the violation of Article 31A and affirming the Gram Panchayat's authority to lease shamilat-deh land under the Punjab Village Common Lands (Regulations) Act, 1961. The court noted the lack of objections from the villagers for an extended period and the previous acceptance of leasehold rights by the appellants and their relatives.
Law Points
- Definition of Shamilat-deh
- Gram Panchayat powers
- Article 31A violation
- leasing of common land
- grazing rights
