NOTIFIED AREA COMMITTEE Vs. DES RAJ

JUDGEMENT

(1.) The point for determination in this appeal is as to whether land included in shamilat deh which had come to be vested in the concerned Gram Panchayat by virtue of Section 3(a) of the Punjab Village Common Land (Regulation) Act, 1953 (for short, 'the 1953 Act') got divested because of what has been mentioned in the proviso to Rule 3 of the Punjab Gram Panchayat Rules, 1965, framed in exercise of powers conferred by Punjab Gram Panchayat Act, 1952 (hereinafter the 'Panchayat Act').

(2.) The facts lie in narrow compass and are not disputed. The same are that the lands with which this appeal is concerned were being used, to start with, for common purposes like gair mumkin rasta and gao charand but were shown as shamilat deh afterwards and came to be vested in the concerned Gram Panchayat pursuant to what has been provided in Section 3 of the 1953 Act. Pursuant to what was provided in Haryana Municipal Common Land (Regulation) Act, 1974, the land was mutated in the name of the appellant. As that Act, however, came to be declared void by a Full Bench of Punjab and Haryana High Court, the respondents, who were the owners of the lands earlier, filed a suit seeking declaration that the said land got reverted to them because of what has been mentioned in the aforesaid proviso. The suit was dismissed by the trial Court, whereupon the plaintiffs preferred an appeal which came to be allowed by Addl. District Judge, Karnal. On the appellant approaching the High Court in second appeal, the same came to be dismissed in limine. Hence this appeal under Article 136 of the Constitution.

(3.) There being no dispute as to the vesting of the land pursuant to 1953 Act in the concerned Gram Panchayat, all that we are required to decide is whether the stand of the plaintiffs-respondents that the same got reverted to them pursuant to what has been mentioned in the aforesaid proviso is correct or not.