SHISH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Holding that the land described as "charand" is included within the definition of "Shamilat-deh" as defined under Section 2(g) of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as "the Act") and relying upon its earlier Division Bench judgment in the case of Khushi Puri v. State of Haryana, 1978 Punj LJ 78 the High Court dismissed the writ petition filed by the appellants praying for issuance of directions prohibiting the Gram Panchayat from leasing out the charand land and to keep land measuring 541 kanal and 2 marlas reserved as charand for grazing up (of) cattles. The High Court also did not consider it proper to grant the prayer of the appellants seeking declaration that the land reserved for charand during consolidation could not be used for the income of the Gram Panchayat as it stood allegedly deducted from the lands of the proprietors. Not satisfied with the judgment of the Division Bench of the High Court, the appellants have filed the present appeal with the submission that the reservation of charand land for the income of Gram Panchayat violated Article 31-A of Constitution of India as was the ratio of the this Court in Bhagat Ram v. State of Punjab, (1967) 2 SCR 165 . It is further submitted that without paying any compensation at the market value to the proprietors of the village, the land could not vest in the Gram Panchayat. The reservation of Charand land for the income of Gram Panchayat allegedly in breach of Section 5 of the Act is stated to be illegal. The leasing out has been alleged to be in contravention of the grazing rights of the proprietors and non-proprietors of the village.

(2.) There is no doubt that the appellants are the inhabitants of village Khajuri, Tehsil Jagadari, District Yamuna Nagar, Haryana. It is also not disputed that the land, the subject matter of the litigation being shamilat deh is vested in the Gram Panchayat. It has also to be noticed that after the vesting of the land in the Gram Panchayat, none of the inhabitants of the village raised any objections regarding its vesting for a period of about 34 years. It is also on record that some land out of shamilat deh land was being leased out to the proprietors of the village since the year 1976 and none of the inhabitants raised any objection. From the counter affidavit filed on behalf of the respondents it appears that many of the family members of the appellants, particularly, the brother of the appellant No. 1 had themselves been taking the land in dispute on lease without raising any objection.

(3.) Learned counsel appearing for the appellants relying upon a Full Bench judgment of the Punjab and Haryana High Court in Bishamber Dayal v. State of Haryana, 1986 Punj LJ 208 submitted that the Gram Panchayat was not entitled to lease the land or use it in the manner it like without following the procedure and subject to the restrictions placed on its use by the Punjab Village Common Lands (Regulations) Rules, 1964 (hereinafter referred to as "the Rules"). Referring to Rule 3(2), the learned counsel submitted that the Gram Panchayat could use the land in shamilat-deh vested in it under the Act either itself or through another for anyone or more of the purposes specified therein. One of the purposes referred to in Clause (vi) is 'grazing of animals'. Learned counsel appearing for the respondents drew our attention to Clause (xxv) of Sub-rule (2) of Rule 3 which authorised the Gram Panchayat to use the land for the purposes of leasing out for cultivation. He also drew our attention to the Division Bench judgment of the High Court in Khushi Puri's case (supra) wherein it was held: